Nevada would make a departing HOA manager sign an inventory of what is missing
Nevada would make a departing HOA manager sign an inventory of what is missing
2026-09-15 · Nevada · Regulation · Pending — not yet law
What happened. Nevada's pending HOA regulation would rewrite what happens when a community manager loses or leaves an account. The change with teeth is not the handover deadline — that already exists — but a new requirement that the departing manager produce a signed, dated inventory log naming the records that are missing.
The existing rule, which is already strict
NAC 116A.325 already requires a community manager whose agreement is terminated or assigned to transfer the association's books and records within 30 days, and — the part that matters in a fee dispute — to do so regardless of any unpaid fees or charges owed to the manager or management company. Nevada has not permitted records to be held hostage over an unpaid invoice for some time.
What the existing rule has not required is proof of what was handed over.
What would change
Section 15 of LCB File No. R091-25 adds a specification of what “books, records and other papers” means:1
“(a) Include, without limitation: (1) All books, records, documents, correspondence, data, files and other materials of the association in the possession, custody or control of the community manager or management company regardless of format, medium, location or age…”
And for electronic records, four requirements that anyone who has received a shoebox of PDFs will recognise as deliberate:
“(1) Be transferred in an accessible format; (2) Be clearly identifiable; (3) Maintain any existing segregation of data…; and (4) Contain any information necessary to allow access to and use of the electronic records.”
The inventory log
This is the provision that changes behaviour. Subsection 8 of the amended NAC 116A.325 would read:
“…a community manager shall prepare a written inventory log that identifies the items transferred. The inventory log must: (a) Identify any books, records and other papers that do not exist or cannot be located; and (b) Include a statement that is signed and dated by the community manager or an authorized representative which certifies that the inventory log is true and complete to the best of his or her knowledge.”
Paragraph (a) is unusual drafting and it is the point of the section. Most records-transfer rules require a list of what is being delivered. This one requires an affirmative list of what is not — records that do not exist, and records that exist somewhere but cannot be found. A manager who cannot locate three years of vendor contracts must say so, in writing, over a signature.
The 90-day loop
Subsection 9 builds a review period on top of it:
“The client and, if applicable, the succeeding community manager, shall review the inventory log within 90 calendar days after the receipt of the inventory log. If … any books, records or other papers that are required to be transferred have not been transferred, he or she may submit a written request to the former community manager… Upon receipt of such a request, the former community manager shall either promptly transfer the records identified in the request or provide, within 90 days, a written statement which certifies that the records do not exist or are no longer in his or her possession, custody or control.”
So the sequence a board can expect is: transfer within 30 days, inventory log with it, board and incoming manager review within 90 days, written demand for gaps, and then either delivery or a second written certification. Each step produces a document. That is the design.
And the departing manager may not keep a copy
Subsection 10 is one sentence and it is worth reading twice:
“A community manager who transfers books, records or other papers pursuant to this section may only retain a copy … if he or she is required by law or the rules of his or her profession to maintain such a copy.”
Retention becomes the exception rather than the default, and the exception has to be grounded in a legal or professional obligation — not in the management company's own document-retention policy or its desire to have the file if a dispute follows.
Owners would learn the manager is changing before it happens
Section 12 adds a wholly new notice duty, and it opens by overriding the contract:
“Notwithstanding any provision in a management agreement to the contrary, a community manager shall provide notice to units' owners of a pending termination or pending assignment of a management agreement before the effective date of the termination or assignment.”
Where there is a successor, the notice must go to the email address of every owner who has given the association one, and in a community of 100 or more units must also be posted “for at least 30 days before the effective date … in one or more prominent places within the common elements.” If there are no common elements, it must be posted in a manner designed to reach all owners.
Where there is no successor — the self-management scenario, and the one where owners are most likely to be left calling a disconnected number — the same notice is required and must additionally include “the contact information for a member of the executive board who will serve as the designated point of contact.”
And after the change, subsection 4 puts the duty on the incoming manager: within 10 business days of the effective date, written notice to all owners of the new agreement or assignment, with the successor's contact details, delivered the same way.
What a board can do now
None of this is in force. But two steps cost nothing and pay off either way:
- Ask for an inventory log at the next changeover regardless. Nothing stops a board from making it a contract term today, and a board that has one is not relying on a regulation that has not been filed.
- Check whether your association's email list is real. Every notice duty in section 12 runs to owners “who have provided the association with an electronic mail address.” An association whose list is three years stale will satisfy the rule and still fail to tell anyone.
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