Nevada would delete “baseline funding” from HOA reserve studies
Nevada would delete “baseline funding” from HOA reserve studies
2026-09-15 · Nevada · Regulation · Pending — not yet law
What happened. Buried in the middle of Nevada's first HOA regulation in four years are three changes to reserve studies. Together they would raise the floor under every Nevada association's reserve fund — and one of them removes the funding objective that thinly-funded associations have relied on. None is in force; the Commission adopted the regulation on September 9, 2026 and no adopted text has been filed.
Baseline funding, struck
NAC 116.425 lists what a Nevada reserve study must contain. Paragraph (m) requires a general statement describing the objectives of the funding plan, “using the following terms and discussing, where applicable.” The list has carried three entries. Section 6 of R091-25 removes the third, shown in the draft's bracket-and-italic convention for deleted text:1
“(1) Full funding; and (2) Threshold funding; [and (3) Baseline funding;]”
Baseline funding is the weakest of the three standard reserve objectives: keep the balance above zero, and no more. Removing it from the list of terms a study may be built around is a statement about what Nevada will accept as a funding plan.
Adequately funded, redefined
The same section rewrites the definition that anchors the whole scheme:
“‘Adequately funded reserves’ means the funds which are continuously sufficient to maintain the common elements described in the governing documents: (a) At the level described in the most recently conducted or updated study of reserves without the projected balance of the reserve fund reaching, at any time, an amount equal to or less than zero; and (b) Without using the funds from the operating accounts or without special or reserve assessments, except for occurrences that are a result of unforeseen catastrophic events.”
Read the new definition against the 30-year table
NAC 116.425 already requires every Nevada reserve study to carry a 30-year schedule showing the projected beginning balance, the inflation-adjusted contribution increases required “to provide adequately funded reserves,” estimated interest income net of tax, projected expenditures, and the projected ending balance for each year.
Now apply the new definition to that table. If reserves are “adequately funded” only when the projected balance never reaches zero at any time, then a single year anywhere in the 30-year projection where the line touches zero makes the plan inadequate by regulation. The test is not the balance today, and not the balance at the end — it is the minimum across the whole projection.
Paragraph (b) closes the obvious workaround. A plan does not qualify if it gets there by drawing on operating accounts or by assuming a special or reserve assessment, except for “occurrences that are a result of unforeseen catastrophic events.” A funding plan that pencils out only because year 14 assumes a special assessment for the roofs is not, on this definition, an adequately funded plan.
The five-year clock now runs from adoption, not from the site visit
Nevada requires a full reserve study every five years. Section 7 of the regulation changes what starts that clock. The current rule anchors the period to the on-site inspection of the major components; the new text anchors it to the fiscal year in which the study is adopted:
“2. For the purposes of paragraph (a) of subsection 1 of NRS 116.31152, the 5-year period for conducting a full reserve study commences on the first date [on] of the fiscal year of the association in which [the on-site inspection of] the [major components] reserve study is [performed] adopted and concludes upon the adoption of a new full reserve study during the fifth fiscal year by the executive board at a meeting conducted pursuant to NRS 116.31083.”
The old text's companion sentence — that the next full study “must be commenced on or before the same month and date that the previous on-site inspection of the major components was performed” — is deleted with it.
This is a real operational change for managers, and it cuts in a direction most will welcome: the deadline stops depending on a date buried in a consultant's field notes and starts depending on a date in the board's own minutes. It also removes a genuine trap, where a study inspected in one year and adopted in the next quietly shortened the association's own compliance window.
Adoption must now appear in the minutes
Section 7 rewrites subsection 1 into a two-part duty:
“An executive board shall review and adopt the results of the study during the fifth fiscal year from the date of the adoption of the previous full reserve study. The executive board shall: (a) Review and adopt the results not later than 210 days after the association receives the results of the full reserve study or before the preparation and distribution of copies of the budgets described in NRS 116.31151, whichever is earlier; and (b) Document the adoption of the full reserve study in the minutes of the meeting in which the adoption occurs.”
Two points follow from that sentence. First, the 210-day outer limit is not the operative deadline in most years — the budget distribution date is earlier, and “whichever is earlier” governs. Second, paragraph (b) converts adoption from something that happened into something that must be provable. An association that adopted its study but cannot point to the minutes entry has, under the new text, not complied.
Why this is landing now
Two pressures are converging on Nevada reserve funds at the same moment. Southern Nevada associations face the January 1, 2027 nonfunctional-turf conversion deadline, a capital project the Division itself has told HOAs to treat as a reserve-planning problem. And Fannie Mae and Freddie Mac are raising the minimum reserve contribution they will accept for project eligibility from 10% to 15% of the annual budget, effective in January 2027, with an exemption that turns on funding at the study's highest recommended level — explicitly not its baseline.
A Nevada association that has been funding to baseline is therefore about to be non-conforming in three directions at once: against the state regulation, against the secondary-market standard, and against a capital deadline it cannot defer.
What to do while it is still pending
- Find the minimum on your 30-year table, not the ending balance. That single number is what the new definition tests.
- Check whether your plan assumes a future special assessment. If it does, and the assumption is not a catastrophic-event contingency, the plan fails paragraph (b) as written.
- Check your study's funding objective. If the consultant wrote it to baseline, commissioning an update to threshold or full funding is the work, and it takes months.
- Put the adoption vote in the minutes, by name, now. It costs nothing and it is the one requirement here with no lead time.
Related Nevada HOA Topics
- LCB Draft of Second Revised Proposed Regulation R091-25, July 1, 2026 — sections 6 and 7, amending NAC 116.425 and NAC 116.427 ↩
- Notice of Intent to Act Upon a Regulation, LCB File No. R091-25 — adoption hearing September 9, 2026 ↩
- NRS 116.31152 (reserve studies) and NRS 116.31151 (annual budget distribution), Nevada Revised Statutes chapter 116 ↩
- NAC 116 approved regulation changes (Nevada Real Estate Division) ↩
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