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Reported: Nevada commission approved its HOA fine rule on September 9, minus the speech safe harbor

Nevada · Regulation

Reported: Nevada commission approved its HOA fine rule on September 9, minus the speech safe harbor

What was reported. On September 9, 2026 the Nevada Commission for Common-Interest Communities and Condominium Hotels approved LCB File No. R091-25 at its adoption hearing, according to commentary from a Las Vegas homeowner-side attorney published September 11.1 The same commentary says the commission removed limiting language from Section 2 of the draft during the adoption process.2 We could not locate the commission's minutes or the adopted text, so details below rest on that commentary and on the noticed agenda.

This follows our earlier report that the hearing was set and that no adopted text had been filed: Nevada commission adopts the HOA fine rule it owed since 2021.

What the hearing covered

The September 9 agenda item was a public hearing for possible adoption of R091-25. The noticed subjects were a definition of health, safety and welfare violations and the process for imposing them; changes to how the Division investigates complaints; education requirements for temporary community managers; a petition-for-rulemaking process; a higher mediation subsidy; criteria for transferring association records when a management contract ends; removal of the term “baseline funding”; and reserve-study review and adoption.3

The reported change

NRS 116.31031 caps a fine at $100 per violation, or $1,000 per hearing, unless the violation poses an imminent threat of a substantial adverse effect on health, safety or welfare, in which case the fine has no statutory ceiling. The statute directs the commission to adopt criteria for that line. The commentary reports that an earlier noticed draft said a violation did not qualify when its sole basis was vulgar, profane or abusive language, or speech supporting or opposing matters affecting the community, and that the approved version no longer carries that language. It also reports that the approved rule sets no dollar limit and no severity scale.2

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What this changes in practice

If the reported text is accurate, the exclusion that kept speech-only conduct out of the uncapped category is gone, so whether such conduct can qualify would turn on the remaining listed conduct, including intentional or malicious interference with use of a dwelling or common element, and on its closing requirement that the act directly, immediately or actually endanger someone. The ordinary $100 and $1,000 limits continue to apply to every violation that does not meet that test.

What is still unknown

The commentary does not give a vote count, and it does not say when the regulation will be filed with the Legislative Counsel Bureau or take effect. As of publication, the adopted text has not appeared on the Legislative Counsel Bureau’s register, so whether the commentary’s description matches the final regulation cannot yet be confirmed.

What is still pending

Not yet public: the commission’s minutes and order, the filed adopted text of R091-25, and its effective date. The same package also moves the mediation subsidy, manager records hand-over, temporary-manager training and reserve-study wording, each covered in our earlier reports.

Related Nevada HOA Topics

← All Nevada HOA Topics

  1. Kosor Law, commentary on the September 9 approval of R091-25 (published September 11, 2026) ↩
  2. Kosor Law, commentary on removed language in Section 2 of R091-25 ↩
  3. Commission for Common-Interest Communities, September 8-10, 2026 meeting agenda (items 3 and 4) ↩
  4. NRS Chapter 116, Nevada Legislature (NRS 116.31031) ↩

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