Nevada resale packages must now carry proof of the association's insurance
Nevada resale packages must now carry proof of the association's insurance
2026-09-15 · Nevada · Compliance
What happened. A new line was added to the list of things a Nevada resale package must contain, effective July 1, 2026. It is one sentence, and its timing is the interesting part.
The new requirement
NRS 116.4109(1) lists what a unit's owner must furnish to a purchaser on resale. Assembly Bill 396 — Chapter 365, Statutes of Nevada 2025 — added paragraph (g):1
“(g) Proof of the insurance policies that an association is required to carry pursuant to NRS 116.3113.”
Not a summary. Not a statement that the association carries insurance. Proof of the policies.
Which policies that means
NRS 116.3113(1) requires a Nevada association, from no later than the first conveyance of a unit, to maintain to the extent reasonably available:
- Property insurance on the common elements and, in cooperatives, the units;
- Commercial general liability insurance covering occurrences commonly insured against for bodily injury and property damage arising from the use, ownership or maintenance of the common elements;
- Crime insurance covering dishonest acts by board members, officers, employees, agents, directors and volunteers, extending to the management company and its employees — with no conviction requirement, in an amount not less than three months of aggregate assessments plus reserve funds, or $5,000,000, whichever is less;
- Directors and officers insurance, a nonprofit errors-and-omissions policy with a minimum aggregate of not less than $1,000,000, naming the association as owner and named insured, extending to board members, officers, employees, agents, directors, volunteers and the community manager.
Four policies, each with its own statutory contours. A buyer who receives proof of all four now knows things about the community that were previously invisible until something went wrong.
Why this landed exactly when it did
Twelve months before this paragraph took effect, a different 2025 bill changed what a Nevada master property policy has to cover. Assembly Bill 376, Chapter 423, Statutes of Nevada 2025, added a new subsection 3 to the same NRS 116.3113 that paragraph (g) points at, effective July 1, 2025:2
“3. The provisions of subsection 2 do not apply to property insurance maintained by an association under paragraph (a) of subsection 1 which covers the peril of wildfire and which coordinates with or subrogates individual policies of property insurance maintained by units' owners that cover the peril of wildfire.”
Subsection 2 is the rule that master property insurance “must include the units” in buildings whose units are divided by horizontal boundaries or common walls — the walls-in requirement that condominium owners rely on. Subsection 3 switches it off for wildfire, where the policy coordinates with or subrogates against owners' own coverage.
So the two bills interlock. One created a coverage structure under which a condominium owner's unit may not be covered by the master policy for wildfire. The other, a year later, put the master policy declarations into the buyer's hands. Whether that sequencing was deliberate is not stated anywhere in either bill, but the practical result is that the disclosure arrived after the gap it discloses.
What a buyer should actually read
Proof of a policy is only useful to someone who knows which page to turn to. For a Nevada condominium purchaser, the questions the documents can now answer:
- Does the property policy include the units, and for which perils? Post-AB 376, wildfire may be treated differently from every other peril in the same policy. The declarations page and the perils schedule are where this lives.
- What is the per-unit deductible? This determines what an owner pays out of pocket after a common-element loss reaches their unit, and it has been rising across the market.
- Is the crime policy at the statutory floor or above it? Three months of aggregate assessments plus reserves is a formula; in a large association with a healthy reserve it can be a substantial number, and in a small one it will not be.
- Is the D&O policy current, and does it name the manager? The statute requires coverage extending to the community manager; a policy that does not is a compliance gap sitting in the buyer's file.
- Is anything missing entirely? NRS 116.3113(4) requires an association to notify all owners promptly if the required insurance is “not reasonably available.” An association in that position has a disclosure obligation of its own.
For sellers and their agents
The resale package is the seller's obligation, assembled in practice by the association or its manager. Two operational points:
First, the statutory cancellation right runs off delivery of the package. Under NRS 116.4109(2) the purchaser may cancel the contract by written notice until midnight of the fifth calendar day after the date of the delivery. A package that is incomplete is a package whose delivery date is arguable, and the argument is about a live rescission right.
Second, this is a new item on a list most managers assemble from a template. A Nevada resale package produced from a pre-July-2026 checklist is missing paragraph (g), and will keep missing it until someone updates the template.
For boards
The disclosure runs both ways. Once every buyer receives proof of the four policies, an association that has been carrying less than the statute requires — a crime policy below the formula, no D&O, a property policy that stops short of the units where subsection 2 still applies — is handing that fact to a stranger with a five-day cancellation right and a lawyer.
The cheapest moment to find that out is now, from your own certificates, rather than from a purchaser's objection on day four.
Related Nevada HOA Topics
- NRS 116.4109 and NRS 116.3113 as amended, Nevada Revised Statutes chapter 116 ↩
- Chapter 365, Statutes of Nevada 2025 (Assembly Bill 396), approved June 6, 2025 — section 9 ↩
- Chapter 423, Statutes of Nevada 2025 (Assembly Bill 376), approved June 9, 2025 — section 25.6, Statutes of Nevada 2025 pages 2665–2774 ↩
- Assembly Bill 396, 83rd Session (2025) — enrolled bill ↩
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