Nevada HOA Short-Term Rentals

Quick-Reference Table

Last verified: July 17, 2026

Section 1: Overview — Can an HOA restrict short-term rentals in Nevada?

A Nevada common-interest community can restrict or prohibit short-term rentals, but its authority is defined by NRS Chapter 116 (including the specific transient-use provision, NRS 116.340) read together with the recorded declaration, inside a framework that a state agency administers and that routes most disputes through mandatory dispute resolution before court.¹ Nevada is a full common-interest-ownership state: the Nevada Common-Interest Ownership Act, NRS Chapter 116, is based on the 1982 Uniform Common Interest Ownership Act and governs condominiums, planned communities, and cooperatives created on or after January 1, 1992.⁵ Unlike most states, Nevada regulates these communities through a dedicated apparatus: the Real Estate Division within the Department of Business and Industry, the Commission for Common-Interest Communities and Condominium Hotels, and the Ombudsman for Owners in Common-Interest Communities, and many disputes over the interpretation or enforcement of covenants must first go through the state mediation-or-arbitration program.¹² On rentals specifically, NRS 116.340 provides that an owner in a planned community restricted to residential use may use a unit for transient commercial use (occupancy under 30 consecutive days) only if the governing documents do not prohibit it, the board approves, and local zoning and licensing are met, which means the declaration controls whether short-term rentals are allowed.¹ Layered on top is a state short-term-rental law, Assembly Bill 363 (2021), which directs large local governments such as Clark County and the City of Las Vegas to license and regulate short-term rentals; that local regulation governs the owner-to-government relationship and is distinct from association authority.³ The sections below set out the statutory framework, the operational mechanics, and recent legislative activity.

Section 2: The legal framework for HOA short-term rental restrictions

2A. NRS 116, the layered applicability, and the dedicated regulator

The Nevada Common-Interest Ownership Act, NRS Chapter 116, is based on the 1982 Uniform Common Interest Ownership Act and took effect January 1, 1992.⁵ It is a full act: it governs condominiums, planned communities, and cooperatives alike, so a single statute frames rental authority across all three forms. Applicability is layered. NRS 116.1201 provides that the chapter applies to all common-interest communities created within the state, but only certain provisions reach communities created before January 1, 1992, and NRS Chapters 117 (condominiums) and 278A (planned unit developments) continue to govern older communities in part.¹⁴ A board or manager assessing rental authority must therefore confirm when the community was created before assuming that every section of NRS 116 applies.

Nevada is distinctive in regulating common-interest communities through a state apparatus. The Real Estate Division administers NRS 116; the Commission for Common-Interest Communities and Condominium Hotels adopts regulations and hears disciplinary matters; and the Ombudsman handles owner complaints and education.¹² Two features shape enforcement. First, under NRS 38.310, a civil action over the interpretation, application, or enforcement of covenants or NRS 116 generally may not be filed in court until it has been submitted to the state mediation-or-arbitration program, and a court must dismiss an action filed in violation of that requirement.¹³ Second, community managers must be licensed under NRS Chapter 116A, a requirement most states do not impose.¹⁰ Rental authority flows from the statute read together with the recorded declaration, and NRS 116 draws a practical line between authority over ordinary long-term leasing (addressed by NRS 116.335) and authority over short-term or transient use (addressed by NRS 116.340).¹⁷

2B. The rental and transient-use statute, amendments, and grandfathering

NRS 116.340 is the key Nevada provision on short-term rentals. It provides that an owner in a planned community whose units are restricted to residential use by the declaration may use a unit for transient commercial use only if the governing documents of the association and any master association do not prohibit such use, the executive board approves the use, and the unit is properly zoned and holds any local license required. "Transient commercial use" means use for remuneration as a hostel, hotel, inn, motel, resort, vacation rental, or other transient lodging where occupancy is for less than 30 consecutive calendar days.¹ The Nevada Supreme Court applied this provision in Elk Point Country Club HOA v. K.J. Brown, LLC, 138 Nev. Adv. Op. 60 (Aug. 18, 2022), holding that NRS 116.340(1)(a) permits an owner in a residential-use community to use a unit for transient commercial use unless the governing documents prohibit it, and that documents referring to "tenants" do not, by themselves, prohibit short-term rentals.¹⁵ The operative point for boards is that the declaration must actually prohibit or restrict transient use; silence defaults to permission. The association and any master association may set requirements for permitted transient use, including additional fees tied to added service costs.¹

For ordinary leasing, NRS 116.335 currently provides that unless the declaration prohibited renting at the time an owner purchased, the association may not prohibit that owner from renting, and unless the declaration required approval at the time of purchase, the association may not require it; a declaration cap on the number or percentage of rentable units may not be amended to decrease that maximum.⁷ This is a Nevada-specific owner-protection rule rather than the 2008-UCIOA rental provision. Adding or strengthening a rental restriction is generally done by amending the declaration, which under NRS 116.2117(1) requires the vote or agreement of owners holding at least a majority of the votes in the association, unless the declaration specifies a larger percentage.⁸ Grandfathering turns on NRS 116.2117(6): an amendment that prohibits or materially restricts the permitted uses of a unit may not be enforced against an owner who owned the unit on the date of recordation, as long as that owner retains it.⁸ Two 2025 changes qualify this framework beginning July 1, 2026 (see Section 4).⁴ Finally, unpaid assessments (and, where authorized, certain charges) may be secured by the NRS 116 assessment lien under NRS 116.3116; the lien-priority and mortgage-extinguishment analysis is developed on HOA Weekly's Collections & Liens and Foreclosure pages, not here.

2C. The state STR law, tax, and the intense local layer

Assembly Bill 363 (2021) established Nevada's state short-term-rental framework. It requires a county with a population of 700,000 or more (Clark County) and cities within it with a population greater than 25,000 (Las Vegas, Henderson, North Las Vegas) to adopt ordinances licensing and regulating the rental of residential units as transient lodging and the platforms that facilitate them, and it sets baseline standards for fees, distance separations, insurance, and platform tax collection.³ It is codified at NRS 244.35351 to 244.35359 for counties and NRS 268.09791 to 268.09799 for cities.² AB 363 directs large local governments to create licensing pathways rather than preempting local prohibitions; before it, unincorporated Clark County banned short-term rentals outright, and the law created a regulated path where none existed.³ Local regulation is intense and litigated. Unincorporated Clark County codified its ordinance at Chapter 7.100 of the Clark County Code, capping licenses and using a selection process; the City of Las Vegas limits licenses to owner-occupied homes and imposes distance rules; and Washoe County (defining a short-term rental as a rental period of less than 28 days) and the City of Reno (permit required for periods shorter than 28 consecutive days) regulate separately, as does the Lake Tahoe Basin under the Tahoe Regional Planning Agency.⁹¹⁶

Nevada taxes transient lodging primarily through county and city room taxes rather than the general sales tax. In the Las Vegas area, the combined transient lodging tax is 13.00 percent outside the Primary Gaming Corridor and 13.38 percent inside it, collected on the first 30 days of a guest's stay; stays beyond 30 continuous days are generally exempt.⁶ Platforms such as Airbnb collect and remit in some jurisdictions, but operators generally must still register and file.⁶ The critical distinction for associations is that state and local short-term-rental regulation and taxation govern the owner-to-government relationship; they neither grant nor remove association authority, which flows from NRS 116 and the declaration. An owner who satisfies a county license still needs governing documents that permit the use.

Section 3: Operational mechanics and enforcement

A. Adopting a valid restriction (the tools)

An association's core tools are the transient-use and leasing provisions of the declaration. Consistent with NRS 116.340, a planned community can prohibit or condition transient commercial use through its governing documents; where the documents are silent, the statute defaults to permitting the use, so a board that wants to bar short-term rentals must have (or adopt) an express prohibition rather than rely on a general "residential use" clause, the reading the Supreme Court rejected in Elk Point.¹¹⁵ Minimum-lease-term restrictions (for example, requiring leases of 30 days or longer) and outright transient-use prohibitions are the most direct instruments, and both should track the declaration. Rental caps are governed by NRS 116.335: a cap is enforceable where the declaration establishes one, and under the current version an existing cap may not be amended downward.⁷ Whether a board can add a new restriction depends on the amendment procedure in NRS 116.2117 and the grandfathering limit in NRS 116.2117(6).⁸ An association may also impose internal administrative requirements, such as registering rentals, filing a copy of the lease, and providing owner and occupant contact information, provided they are applied consistently and do not conflict with NRS 116.

B. Enforcement

Before fining, an association must follow NRS 116.31031, which sets the minimum procedure: written notice specifying the violation, the proposed cure, the potential fine, and the date, time, and location of a hearing; a clear photograph where the violation is physical; a reasonable opportunity to cure or contest; and a hearing before the fine is imposed.¹¹ For non-safety violations, fines are capped at $100 per violation and $1,000 per hearing, and continuing-violation fines may follow after a 14-day cure period.¹¹ These are minimum protections; governing documents may provide more. For disputes that proceed beyond fining, NRS 38.310 generally requires the parties to submit a claim over the interpretation or enforcement of covenants or NRS 116 to the state mediation-or-arbitration program administered by the Real Estate Division before filing in court, and a court must dismiss a premature action.¹³ Available remedies include fines, injunctive relief to stop a prohibited use, and the NRS 116 assessment lien for unpaid amounts (with lien-priority detail on the Collections & Liens page).¹¹ Association enforcement runs parallel to, and separate from, local-government enforcement of licensing ordinances and the Division's and Ombudsman's oversight of NRS 116 compliance; an owner can face both an association action and a county citation for the same rental.¹²

Section 4: Recent legislative and judicial activity

A. Recent bills

Nevada's Legislature meets in regular session in odd-numbered years, so the 2025 (83rd) session is the only regular session within the past 24 months.¹⁸ No other 2025 enrolled bill changed the association-side transient-use rules of NRS 116.340; AB 363's short-term-rental licensing scheme dates to the 2021 session and is outside this window.

B. Recent rulings

No published decision of the Nevada Supreme Court or the Nevada Court of Appeals within the past 36 months (July 2023 through July 2026) squarely addresses the enforceability of an HOA short-term-rental restriction, NRS 116.340, or a rental-restriction amendment. The controlling appellate authority remains Elk Point Country Club HOA v. K.J. Brown, LLC, 138 Nev. Adv. Op. 60 (Aug. 18, 2022), which is discussed in Section 2B and predates this window.¹⁵

C. Active legislative or local debates

Local short-term-rental regulation in unincorporated Clark County and the City of Las Vegas remains contested and litigated, with capped license numbers, distance rules, and owner-occupancy requirements continuing to draw challenges.⁹ Any further changes will surface at the local ordinance level and in the 2027 legislative session.

Section 5: National positioning and related coverage

Nevada sits toward the more-regulated end of the spectrum for how states handle short-term rentals in common-interest communities. It is a full-UCIOA state with a dedicated state regulator, a mandatory dispute-resolution step, a specific statutory provision on the transient use of units (NRS 116.340), and a state law (AB 363) directing large local governments to license short-term rentals. That combination is more structured than the CC&R-primary states, where rental authority rests almost entirely on the declaration, and distinct from states that simply preempt local bans (Florida, Arizona) or cabin HOA rental authority through a single provision (California, Arizona). The important point for boards is that Nevada's state and local short-term-rental regulation restrains governments and owners, not associations: association authority still flows from NRS 116 and the declaration. For a multi-state operator entering Nevada, the practical implication is a regulated framework with mandatory ADR, licensed community managers, and a specific transient-use statute that rewards careful review of each community's declaration and creation date.

HOA Weekly's Nevada Short-Term Rentals coverage updates quarterly as the Legislature, the Nevada Supreme Court and Court of Appeals, the Real Estate Division, and local governments act. Federal frameworks (FHA, ADA, FDCPA, SCRA, and OTARD) also apply to Nevada associations regardless of the state framework.

1. Nev. Rev. Stat. § 116.340 (Transient commercial use of units within certain planned communities) ↩
2. Nev. Rev. Stat. §§ 244.35351–244.35359 (Counties: regulation of transient lodging / short-term rentals) ↩
3. Assembly Bill No. 363, 81st Session (2021), Nevada Legislature (enrolled text) ↩
4. Assembly Bill No. 396, 83rd Session (2025), Second Reprint, §§ 5, 8, 14 (Chapter 365, Statutes of Nevada 2025) ↩
5. Nev. Rev. Stat. § 116.001 (Short title: Uniform Common-Interest Ownership Act) ↩
6. City of Las Vegas, Transient Lodging Establishment Room Tax Instructions and Guidelines (Rev. March 2026) (13.00% outside / 13.38% inside Primary Gaming Corridor; first 30 days) ↩
7. Nev. Rev. Stat. § 116.335 (renting or leasing of units; rental caps; exceptions) [version effective through June 30, 2026] ↩
8. Nev. Rev. Stat. § 116.2117 (Amendment of declaration; subsections (1) and (6)) ↩
9. Clark County, Short-Term Rental Units (Clark County Code ch. 7.100, adopted June 21, 2022) ↩
10. Nev. Rev. Stat. Chapter 116A (Common-Interest Communities: Regulation of Community Managers and Other Personnel) ↩
11. Nev. Rev. Stat. § 116.31031 (Power of executive board to impose fines; procedural requirements; $100 per violation / $1,000 per hearing limits) ↩
12. Nevada Real Estate Division, About the ADR Program (Office of the Ombudsman; Commission for Common-Interest Communities and Condominium Hotels) ↩
13. Nev. Rev. Stat. § 38.310 (Limitations on commencement of certain civil actions; mandatory mediation/arbitration; court shall dismiss); §§ 38.300–38.360 ↩
14. Nev. Rev. Stat. § 116.1201 (Applicability; regulations; treatment of pre-1992 communities and NRS Chapters 117 and 278A) ↩
15. Elk Point Country Club HOA v. K.J. Brown, LLC, 138 Nev. Adv. Op. 60 (Nev. Aug. 18, 2022) ↩
16. Washoe County Code ch. 110 (Short-Term Rental Ordinance; rental period of less than 28 days) ↩
17. Nev. Rev. Stat. § 116.335 [version effective July 1, 2026] (Adoption of rules and regulations by association related to certain restrictions or prohibitions in declaration concerning renting or leasing units; exceptions) ↩
18. Nevada Legislature, 83rd (2025) Session — Bills Passed ↩