Nevada law prohibits common-interest communities from imposing arbitrary penalties or assessing fines without strict procedural due process. Under NRS 116.31031, your executive board cannot penalize you without two separate written notices, cannot charge interest on unpaid fines, and cannot issue non-emergency fines exceeding $100 per violation.
If an association manager mails you a balance statement with added fines but failed to schedule a hearing or attach photographic evidence, those charges violate state law.
NRS 116.31031 caps non-threat fines at $100 per violation and $1,000 per hearing
Under NRS 116.31031(1)(b), if an alleged violation does not pose an imminent threat to the health, safety, or welfare of residents, the fine must be commensurate with the severity of the violation and determined according to your governing documents. The statute sets a strict ceiling: the fine must not exceed $100 for each violation, with a maximum cap of $1,000 per hearing against any unit owner, tenant, or invitee.
The law also completely bars fines in specific situations:
- No fine may be assessed against an owner, tenant, or invitee for a vehicle violation committed by a person delivering goods or performing services (NRS 116.31031(1)(b)(2)).
- No fine may be issued for a violation that is already subject to a construction penalty under NRS 116.310305 (NRS 116.31031(1)(b)(1)).
- No fine may be assessed against an owner for actions committed by an invitee unless the owner participated in the violation, authorized it, had prior notice, or had an opportunity to stop it and failed (NRS 116.31031(2)).
- Past-due fines must not bear interest under NRS 116.31031(11).
Under NRS 116.31031(7), if a fine is imposed and you do not cure the violation within 14 days (or a longer window set by the board), the violation becomes a continuing violation. The board may then add recurring fines up to the amount of the original fine for every 7-day period the issue remains uncured, without holding a new hearing. However, that continuing violation clock cannot start until the association delivers written notice of the board's decision.
These statutory caps apply to standard common-interest communities. Under NRS 116.1203(3), planned communities containing 6 or fewer units are exempt from sections 116.3101 through 116.350, and communities with 12 or fewer units and no developmental rights are exempt from most chapter requirements under NRS 116.1203(1).
Two separate written notices must arrive before the executive board can penalize you
An association cannot jump directly to a fine. NRS 116.31031 requires two independent written notices before any penalty can be levied.
First, the board must mail a formal cure notice under NRS 116.31031(1)(c) with zero fine attached. This notice must cite the exact provisions of the governing documents, specify the violation in detail, outline the proposed cure action, give you a reasonable opportunity to fix the issue, and include a clear, detailed photograph whenever the violation relates to physical conditions or an act where a photo is possible.
Second, the board must satisfy the pre-fine notice requirements under NRS 116.31031(4). You must have received written notice of the applicable governing document rules at least 30 days before the alleged violation took place. Within a reasonable time after discovering the violation, the board must mail a detailed notice stating the proposed cure, the exact dollar amount of the proposed fine, a clear photograph, and the date, time, and location of your hearing.
Under NRS 116.31031(4)(b), the association must mail this notice to your unit address and to any separate mailing address you specified in writing. Handing a note to a tenant or sending an informal email does not satisfy the statute.
Delinquent board members cannot vote and hearings must follow executive session rules
A hearing before the executive board is a mandatory statutory condition, not an optional courtesy. Under NRS 116.31031(6), the board must hold a hearing before imposing any fine unless you pay the fine in advance, sign a written waiver of your hearing rights, or fail to appear after receiving proper notice.
Board member qualifications directly impact whether a vote is valid. Under NRS 116.31031(9), any executive board member who is delinquent on their own assessment payments is legally prohibited from participating in the hearing or voting on the fine. If a delinquent member casts a vote, that vote is void and any board action taken at the hearing is void.
Your procedural protections continue into the hearing room under NRS 116.31085:
- The hearing must occur in executive session unless you request in writing that the board hold an open hearing.
- You have the right to attend all evidence and testimony portions of the hearing.
- You have the right to be represented by counsel, present witnesses, and submit evidence regarding board member conflicts of interest.
- The board must keep minutes of the hearing and provide a copy of the written decision upon request.
Demanding association records triggers a 21-day deadline and a $25 daily penalty
You do not have to accept the board's claims without proof. Under NRS 116.31175, the executive board must provide copies of association books, records, and papers within 21 days of receiving a written request from an owner.
The association must provide electronic copies at no charge. If paper copies are necessary, copy fees cannot exceed 25 cents per page for the first 10 pages and 10 cents per page after that. If you choose to inspect the records in person, the board cannot charge more than $25 per hour for staff review time.
The statute contains an automatic financial penalty for non-compliance. Under NRS 116.31175(4), if the board fails to provide the requested records within 21 days, the executive board must pay you a statutory penalty of $25 for each day the records remain overdue.
For example, if you send a certified written request for violation logs and board member assessment balance sheets, and the management company delays delivery until day 35, the board has exceeded the deadline by 14 days and owes you $350 in statutory penalties.
Nevada courts will dismiss any fine lawsuit filed before mandatory mediation
You cannot take an HOA fine dispute straight to a Nevada justice court or district court. Under NRS 38.310(1), any civil claim relating to the interpretation, application, or enforcement of residential CC&Rs, bylaws, or association rules must first be submitted to mediation through the Real Estate Division.
Under NRS 38.310(2), a court is required to dismiss any lawsuit filed in violation of this requirement. Mediation under NRS 38.330 must be completed within 60 days, written submissions are due 5 days before the session, and mediation fees are capped at $500 for a three-hour session.
If the dispute proceeds to arbitration, fees cannot exceed $300 per hour. If a party enters binding arbitration, rejects the award, and files a civil action in court, NRS 38.330(7) requires that party to pay the opposing side's costs and reasonable attorney fees if they fail to obtain a more favorable judgment in court.
Nevada also provides administrative oversight through the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels (NRS 116.625), which assists owners in resolving disputes and maintains association registration data. If a formal civil lawsuit does proceed after mediation under NRS 116.4117, the court may award reasonable attorney fees to the prevailing party.
The statute of limitations for enforcing written contracts in Nevada is 6 years under NRS 11.190(1)(b), while liabilities created by statute carry a 3-year limitations period under NRS 11.190(3).
Drafting your fine dispute letter and knowing when informal demands fail
Sending a formal demand letter by USPS Certified Mail creates an official record of the association's statutory violations before dispute proceedings escalate. Review our Nevada HOA fine dispute resource for state-specific mailing steps.
Your letter should target the specific procedural failures that invalidate the fine:
- Challenge fines that exceed the $100 cap per violation under NRS 116.31031(1)(b).
- Demand dismissal if the association failed to mail a cure notice with photographic proof under NRS 116.31031(1)(c).
- Object to lack of hearing notice or failure to send notice 30 days before the incident under NRS 116.31031(4).
- Request confirmation that all board members who voted had paid their assessments as required by NRS 116.31031(9).
- Cite NRS 116.31031(11) to strip unlawful late interest charges from your ledger.
- Include a formal request for violation logs under NRS 116.31175 to start the 21-day records clock.
A demand letter is the wrong tool if your association has already filed a formal claim for mediation under NRS 38.310, because you must participate in the Division's ADR process to avoid default. A letter is also ineffective if the association is seeking an emergency injunction for immediate irreparable harm, or if the board is initiating assessment collection rather than disciplinary fines.