Nevada HOA Compliance
3. Compliance topics grid
1. Introduction
Nevada's primary HOA statute is NRS Chapter 116, the Common-Interest Ownership (Uniform Act).1 Chapter 116 supplies a unified framework for common-interest communities, including condominiums, cooperatives, and planned communities.2 NRS Chapter 117 remains a separate condominium statute for projects with a recorded plan before January 1, 1992, while Chapter 116A handles community manager regulation.3,4
State-level oversight runs direct: the Real Estate Division maintains the Ombudsman for owners in common-interest communities and condominium hotels, and NRS 116.625 assigns that office registration, education, dispute, and alternative dispute resolution functions.5 The Commission for Common-Interest Communities and Condominium Hotels is a seven-member body appointed by the Governor, and Chapter 116 gives the Commission disciplinary authority under NRS 116.745 to 116.795.6 HOA litigation typically starts in district court, then moves through Nevada's appellate system, where the Supreme Court reviews district-court appeals and may assign cases to the Court of Appeals under a deflective model.7
Recent Nevada HOA activity stays substantial, with 2025 legislation on religious and cultural displays, ADUs, and distributed generation systems, plus recent NRS 116 appellate rulings.8,9 Nevada sits on the high-oversight end of state HOA regulation because statutes, agency registration, Ombudsman intake, Commission authority, and community manager certification all operate at the state level.10
2. Primary statute and key resources
- NRS Chapter 116, Common-Interest Ownership (Uniform Act). Nevada's primary common-interest ownership statute for common-interest communities.11
- NRS Chapter 117, Condominiums. A separate condominium statute that governs projects with a recorded plan before January 1, 1992.12
- Nevada Appellate Courts. The Supreme Court reviews district-court appeals and may assign cases to the Court of Appeals.13
- Nevada Real Estate Division Ombudsman and Community Manager Certification. NRED operates Ombudsman resources and certification requirements for community managers under Chapter 116A and NAC 116A.14
- Nevada Attorney General Bureau of Consumer Protection. The state consumer protection office handles consumer and fraud complaint channels outside the NRED Ombudsman process.15
4. Nevada's recent regulatory landscape
Recent Legislation
Nevada's 2025 record includes religious and cultural display protections in SB 201, ADU and termination-vote provisions in AB 396, and a distributed-generation request process in SB 440.
SB 201 · 2025 Session
SB 201 became Chapter 300 after the Governor's approval on June 5, 2025, and took effect July 1, 2025.[16] The enrolled act bars a unit-owners' association, a landlord, or a unit owner who rents or leases a unit from imposing certain restrictions on religious or cultural items under stated circumstances.[17]
| Property managers | Update rule-enforcement scripts, architectural forms, and maintenance notices before issuing display-related violation letters. |
| HOA board members | Adopt or revise display rules before enforcement, because a general appearance standard may not be enough. |
| Community association attorneys | Review governing-document provisions and hearing packets for conflicts with SB 201. |
| Homeowners | Religious and cultural door displays now receive statutory protection, subject to the bill's stated limits. |
AB 396 · 2025 Session
AB 396 became Chapter 365; sections 13 and 14 took effect June 6, 2025, and sections 1 through 12 take effect July 1, 2026.[18] The bill requires governing bodies of certain counties and cities to adopt ordinances authorizing the development and use of accessory dwelling units, and the enrolled text also amends the voting requirements for terminating a common-interest community under NRS 116.2118.[19][20]
| Property managers | Track local ADU ordinances and avoid blanket denial templates where state and local law require a different review. |
| HOA board members | Recheck architectural standards, insurance assumptions, and termination-vote provisions before adopting ADU positions. |
| Community association attorneys | Compare governing documents against AB 396, local ADU ordinances, and amended NRS 116.2118 before advising on denials. |
| Homeowners | ADU requests may receive stronger statutory and local support, but association use and design conditions may still matter. |
SB 440 · 2025 Session
SB 440 became Chapter 262; section 30 took effect June 5, 2025, and sections 1 through 29 took effect October 1, 2025.[21] The enrolled act establishes a process for a unit owner in certain unit-owners' associations to request installation of a distributed generation system, assigns association duties for those requests, and addresses solar installation company and net metering requirements.[22]
| Property managers | Create a timed intake process for solar and distributed-generation requests, with written approvals or denials tied to the statute. |
| HOA board members | Approve solar standards that preserve lawful design review without operating as a blanket prohibition. |
| Community association attorneys | Audit solar guidelines, denial letters, and owner application packets for timing and reasonableness issues. |
| Homeowners | Solar requests now have a statutory process, but required submissions and association review standards still apply. |
Recent Court Rulings
Nevada's recent appellate record clarifies that HOAs may not allocate payments to extinguish a first deed of trust, and that estate beneficiaries can claim successor-in-interest redemption rights.
Deutsche Bank Trust Company Americas v. SFR Investments Pool 1, LLC
The Supreme Court of Nevada held that, absent express authorization by the homeowner, an HOA may not allocate a payment in a way that causes forfeiture of a first deed of trust holder's interest and deprives the homeowner of security in the home.[23] For HOAs, the practical point is that payment allocation after collection disputes should be documented and reviewed before foreclosure or post-sale litigation positions harden.[24]
| Property managers | Keep clear ledgers showing how owner payments are applied before collection files move toward foreclosure. |
| HOA board members | Require legal review before relying on payment allocation theories in superpriority lien disputes. |
| Community association attorneys | Reassess foreclosure, tender, and quiet-title arguments where owner payments were partially applied. |
| Homeowners | Payment records can affect whether an HOA foreclosure extinguishes a deed of trust. |
Saticoy Bay LLC Series 3580 Lost Hills v. Foreclosure Recovery Services, LLC
The Supreme Court of Nevada held that NRS 116.31166 gives homeowners and their successors in interest a 60-day right to redeem real property after foreclosure, and that a will beneficiary becomes a successor in interest for that statute upon the testator's death.[25] For associations and foreclosure purchasers, redemption claims tied to estate documents need prompt review inside the statutory redemption period.[26]
| Property managers | Preserve foreclosure-sale and redemption communications, especially when a deceased owner or estate is involved. |
| HOA board members | Treat redemption disputes as time-sensitive legal issues rather than routine collection follow-up. |
| Community association attorneys | Review successor-in-interest status under NRS 116.31166 before rejecting a redemption demand. |
| Homeowners | Estate status may affect redemption rights after an HOA foreclosure sale. |
Regulatory Developments
Nevada's HOA-adjacent regulatory contact point is the NRED Ombudsman, which carries statutory registration, ADR, education, and dispute responsibilities for common-interest communities.
Nevada Real Estate Division Ombudsman
NRS 116.625 creates the Ombudsman within the Real Estate Division and assigns duties that include alternative dispute resolution claims, assistance to owners and boards, dispute investigation, and association registration.[27] NRED also maintains annual registration resources for common-interest communities and condominium hotels.[28]
| Property managers | Calendar annual registration obligations and route owner disputes through the correct NRED process when required. |
| HOA board members | Treat Ombudsman contact, ADR papers, and registration notices as governance compliance items. |
| Community association attorneys | Confirm whether a dispute must move through statutory Ombudsman or ADR channels before litigation. |
| Homeowners | NRED provides a state-level intake point for common-interest community information, registration, and dispute resources. |
Active Policy Debates
SB 121, a 2025 common-interest communities bill, passed through the Legislature but the Governor vetoed it on June 5, 2025.29 Its subject matter, including landscaping requirements, past-due obligations, commercial vehicle parking, and management-agreement notice, sends the clearest 2025 signal for issues likely to return in future bill drafts.30
5. Closing note
HOA Weekly's Nevada coverage will expand as new bills, rulings, Commission actions, and Ombudsman materials emerge. Federal frameworks, including the Fair Housing Act, ADA, FDCPA, SCRA, and OTARD, can also affect Nevada associations when their subject matter is triggered; federal coverage will live at /federal/ once built.31,32,33,34,35
Footnotes
- Nevada Legislature, NRS Chapter 116, Common-Interest Ownership (Uniform Act) ↩
- Nevada Legislature, NRS Chapter 116 definitions and scope ↩
- Nevada Legislature, NRS Chapter 117, Condominiums ↩
- Nevada Legislature, NRS Chapter 116A, Common-Interest Communities: Regulation of Community Managers and Other Personnel ↩
- Nevada Legislature, NRS 116.625, Office of the Ombudsman ↩
- Nevada Legislature, NRS Chapter 116, Commission and disciplinary provisions ↩
- Nevada Appellate Courts, About the Nevada Judiciary ↩
- Nevada Legislature, 83rd Session Bills Passed ↩
- Nevada Appellate Courts, Advance Opinions ↩
- Nevada Real Estate Division, Common-Interest Communities and Condominium Hotels Ombudsman resources ↩
- Nevada Legislature, NRS Chapter 116 ↩
- Nevada Legislature, NRS Chapter 117 ↩
- Nevada Appellate Courts, About the Nevada Judiciary ↩
- Nevada Real Estate Division, Community Manager Certification Requirements ↩
- Nevada Attorney General, Bureau of Consumer Protection ↩
- Nevada Legislature, SB 201 Overview, 83rd Session ↩
- Nevada Legislature, SB 201 Enrolled Text, 83rd Session ↩
- Nevada Legislature, AB 396 Overview, 83rd Session ↩
- Nevada Legislature, AB 396 Overview, housing and ADU provisions ↩
- Nevada Legislature, AB 396 Enrolled Text, NRS 116.2118 amendments ↩
- Nevada Legislature, 83rd Session Bills Passed, SB 440 Chapter 262 ↩
- Nevada Legislature, SB 440 Enrolled Text, 83rd Session ↩
- Nevada Appellate Courts, Civil Opinion Review, Deutsche Bank Trust Company Americas v. SFR Investments Pool 1, LLC ↩
- Nevada Appellate Courts, Advance Opinions, case number 85073 ↩
- Nevada Appellate Courts, Civil Opinion Review, Saticoy Bay LLC Series 3580 Lost Hills v. Foreclosure Recovery Services, LLC ↩
- Nevada Appellate Courts, Advance Opinions, case number 87095 ↩
- Nevada Legislature, NRS 116.625 ↩
- Nevada Real Estate Division, Annual Registration Resources ↩
- Governor of Nevada, SB 121 Veto Message, June 5, 2025 ↩
- Nevada Legislature, SB 121 Overview, 83rd Session ↩
- U.S. Department of Housing and Urban Development, Fair Housing Act overview ↩
- ADA.gov, Americans with Disabilities Act of 1990, as amended ↩
- Consumer Financial Protection Bureau, 12 CFR Part 1006, Regulation F ↩
- U.S. Department of Justice, Servicemembers Civil Relief Act guide ↩
- Federal Communications Commission, Over-the-Air Reception Devices Rule ↩