HOA LAWS & REGULATIONS

The federal government and the state of Nevada both have laws that regulate the operation and management of condominium and homeowners' associations. The Nevada Revised Statutes (NRS) are the laws created by the state legislature and are the only laws that can be modified by legislative action. To stay informed of any changes to these laws, you should visit the Nevada Legislature's website.

Below is a summary of the laws that govern Nevada HOAs:

Nevada Fair Housing Law: The Nevada Fair Housing Law (NRS 118.010) prohibits discrimination in housing based on race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, or sex. This law provides the same protections as the Federal Fair Housing Act (FHA).
Victims of housing discrimination have the option of filing a complaint with the Nevada Equal Rights Commission or the Department of Housing and Urban Development (HUD) within one year of the discriminatory act. Victims may also file a private lawsuit in the federal district court within two years of the discriminatory act.
Nevada Debt Collections Law: In Nevada, the Debt Collections Law (N.R.S. § 649.370, et. seq.) is similar to the Fair Debt Collection Practices Act (FDCPA). This law prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt. Homeowner's Association (HOA) fees are considered debts under the FDCPA, and homeowners are protected as “consumers.” If a debt collector is violating this law, victims can file a complaint with the state's Attorney General's Office or the Consumer Financial Protection Bureau (CFPB). In addition, victims have the right to sue a debt collector in state or federal court within one year from the violation date.
Nevada Nonprofit Corporations, N.R.S. § 82.006, et. seq.: In order to form an association in Nevada, it must be organized as a profit or nonprofit corporation, association, limited liability company, trust, partnership, or any other form of organization allowed by law.
If the association is a nonprofit, it will be subject to the Nevada Nonprofit Corporation Act, which outlines the corporate structure and procedure. For-profit associations, on the other hand, will be governed by the Nevada Business Corporation Act.
Nevada Uniform Common-Interest Ownership Act, N.R.S. § 116.001, et. seq.: This state law governs the formation, operation, and termination of common-interest communities in Nevada. The law applies to all condominiums, cooperatives, and planned communities created in Nevada except as otherwise provided in this section and NRS 116.1203. See also NRS 116.1201 for more on the applicability of provisions of this chapter. The Act also sets forth the rights and responsibilities of owners, developers, and other involved parties in such communities. See also Nevada Administrative Code, Chapter 116.
Nevada Condominium Hotel Act: Chapter 116B of the Nevada Revised Statutes, governs the formation, structure, and operation of condominium hotels in the state of Nevada. It outlines the requirements for setting up a condominium hotel, as well as the responsibilities of the owner, the manager, and the tenants of the property. It also specifies the rights of the tenants and the duties of the owner and manager to ensure the safety and security of all parties involved. See also Nevada Administrative Code, Chapter 116B.
Common-Interest Communities: Regulations of Community Managers and Other Personnel - NRS Chapter 116A - is a Nevada state law that establishes the requirements, qualifications, and duties of community managers and other personnel associated with common-interest communities, such as homeowner associations and condominiums. This law sets out the qualifications and licensing requirements for community managers, as well as the duties and responsibilities they must adhere to. Visit the Department of Business and Industry Nevada Real Estate Division’s website for information. See also Nevada Administrative Code, Chapter 116A.
Mediation And Arbitration - NRS Chapter 38 is a set of statutes that establishes the requirements for Alternative Dispute Resolution (ADR) in common-interest communities in the state of Nevada. Specifically, NRS 38 requires that any dispute relating to governing documents of a common-interest community must first be submitted to an ADR process. This process typically consists of an initial mediation session, during which the parties attempt to resolve the dispute through voluntary negotiation. If the parties are unable to reach a mutually satisfactory agreement during mediation, the dispute may be submitted to arbitration. During the arbitration, a neutral third-party arbitrator is appointed and tasked with deciding the outcome of the dispute. If the parties do not agree with the arbitrator’s decision, they may then proceed to take civil action. See also Nevada Administrative Code, Chapter 38.
Robert’s Rules of Order Newly Revised: For over 100 years, Robert's Rules of Order have been used by governing bodies, such as homeowners associations, to keep meetings flowing smoothly and systematically. Authored by U.S. Army officer Henry Martyn Robert in 1876, Robert's Rules of Order provide guiding principles for conducting discussions and decision-making. Although many associations in Nevada opt to abide by Robert's Rules, newer associations may choose to make their own procedural rules for meetings, using Robert's Rules as a guideline. To determine whether a specific HOA must use Robert's Rules, it is necessary to look at its bylaws, which normally detail the rules that boards must follow when conducting meetings.

SOLAR PANELS

Prohibition or restriction on use of system for obtaining solar energy on property: NRS 111.239(1) states that any covenant, restriction, or condition in a deed, contract, or other legal instrument that prohibits or unreasonably restricts the owner of a property from using a system for obtaining solar energy on the property is void and unenforceable.
Prohibition against prohibiting or unreasonably restricting use of system for obtaining solar energy, NRS 278.0208(2) - Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably restricting the owner of the property from using a system for obtaining solar energy on his or her property is void and unenforceable.
General duties concerning energy resources and energy conservation. [Effective through December 31, 2025.] NRS 701.180(6) - This law gives the Director of the Governor’s Office of Energy the power to make a determination of an unreasonable restriction that would prohibit an owner of a property from using a solar energy system on his or her property in accordance with NRS 111.239 and 278.0208 cited above.

GOVERNMENT AGENCIES

U.S. Department of Housing and Urban Development (HUD): HUD is responsible for enforcing the federal Fair Housing Act (FHA). This act, as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and other housing-related transactions, based on race, color, religion, sex, familial status, national origin, and disability.
Recommended Reading:
Nevada Equal Rights Commission: The agency investigates complaints of fair housing discrimination on a state level. Homeowners who feel they have been discriminated against in the area of housing can file a complaint with this agency.
United States Department of Justice Civil Rights Division: The agency is responsible for enforcing civil rights laws, such as the Americans with Disabilities Act (ADA). This Act prohibits discrimination against disabled people in areas such as employment, transportation, public accommodations, communications, and access to government programs and services. The ADA applies only to "public accommodations." An HOA is not subject to the ADA unless it is operating a facility for use by the general public, not solely by its members and their guests. This could include a swimming pool or gym. All public and government facilities are required to comply with specific use and construction requirements in order to accommodate disabled individuals.
The Federal Fair Housing Act also applies to housing, both public and private. It sets out the degree to which entities such as Homeowner's Associations (HOAs) have to make modifications or improvements to accommodate individuals with disabilities. HOAs and their boards and managers should be aware of these requirements or face potential liability from either a governmental agency or a civil claimant.
- Joint Statement of HUD and DOJ on Reasonable Modifications
- Joint Statement of HUD and DOJ on Reasonable Accommodations
- Notice on Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs
- Frequently Asked Questions about Service Animals and the ADA - A guide on the ADA's service animal provisions.
- ADA Revised Requirements: Service Animals - This publication clarifies and refines issues and contains new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
The State of Nevada ADA and Disability Resources assists individuals at the state level.
Consumer Financial Protection Bureau (CFPB): The CFPB is the primary federal agency responsible for enforcing the Federal Fair Debt Collection Practices Act (FDCPA) and the Servicemembers Civil Relief Act (SCRA). These laws prohibit debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt.
Nevada Legislature: The Nevada Legislature is the state's legislative branch. It is responsible for making laws that apply to all people living in, or visiting, Nevada. To search for your state representative or to access the legislation (or "statutory law") database, you can visit the website of the Nevada Legislature. On the website, you can find information about the current legislative session, including agendas, bills, and voting records. You can also access the Nevada Revised Statutes, the statutory law of Nevada.
Nevada Attorney General - The Nevada Attorney General is the state's chief legal officer and is responsible for providing legal representation to the state and its citizens in civil and criminal matters. The Attorney General's office also serves to protect the public by enforcing laws and prosecuting those who commit criminal offenses. Additionally, the Attorney General's office provides legal advice to state and local government entities, assists in consumer protection, and advocates for the rights of Nevadans.
- Consumer Protection
Nevada Real Estate Division - The Nevada Real Estate Division's website offers educational materials related to community associations.

LEGAL RESOURCES

Nevada Judiciary - The Nevada Judiciary website is an online platform that provides access to the Nevada court system. It offers a comprehensive range of information, documents, rules, legal opinions, court cases, self-help services, and lawyer referral services to the public. The Nevada Judiciary website is a valuable resource for anyone seeking to understand the state's legal system and stay abreast of court developments.
Nevada State Bar Association - The Nevada State Bar Association is a professional organization that works to protect the public and promote the highest standards of the legal profession in Nevada. The bar association provides a variety of services to its members, including continuing legal education, a lawyer referral service, access to a lawyer directory, free or low-cost legal services, and records to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.
American Arbitration Association - The American Arbitration Association (AAA) is an organization that provides alternative dispute resolution (ADR) services. The AAA offers a variety of dispute resolution services, including arbitration, mediation, and case evaluation, in order to help individuals and organizations resolve disputes in a timely and cost-effective manner. The AAA is a non-profit, non-governmental organization that is committed to providing fair and impartial dispute resolution services.
Legal Aid Center of Southern Nevada - The firm is a nonprofit legal services provider that works to provide access to justice for low-income members of the community. The Center offers free legal advice, representation, and assistance to qualified individuals and families facing civil legal issues.

HOA CONTACT INFORMATION AND DOCUMENTS

HOA Directory: Homeowners can find their community association or subdivision's contact information, list of board members, and other relevant corporate information by visiting the Nevada Business Portal and entering the name of the association in the search field.
HOA Documents: To find the HOA Documents for a particular community, visit the county recorder's office website in which the association is located—follow the links below. Search under the name of the subdivision to find the association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents. The CC&Rs must be recorded with the county land records to be enforceable.

HELP FOR CONDOMINIUM AND COMMUNITY ASSOCIATION MEMBERS

Homeowners and board members can contact the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels to obtain information and assistance to better understand their rights and obligations under the law and their governing documents.

The Ombudsman's office provides education, informal mediation regarding governing documents as well as investigation of disputes.

STATE OF NEVADA DEPARTMENT OF BUSINESS AND INDUSTRY REAL ESTATE DIVISION

3300 West Sahara Avenue, Suite 325,

Las Vegas, NV 89102

(702) 486-4480

Toll free: (877) 829-9907

Fax: (702) 486-4520

E-mail: CICOmbudsman@red.nv.gov

http://www.red.nv.gov

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Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

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HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.

Nevada HOA Laws and Resources