Multas de HOA en Nevada: qué dice la ley

Lo que dice la ley

Ley aplicable

ONE statute covers both types of community: NRS Chapter 116, the Common-Interest Ownership Act (Uniform Act). NRS 116.1201(1): 'Except as otherwise provided in this section and NRS 116.203, this chapter applies to all common-interest communities created within this State' - so condominiums and planned communities are both governed by NRS 116; Nevada does not have a separate residential condominium act.

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Exceptions in NRS 116.1201(2) include limited-purpose associations (landscape-maintenance, flood-control and rural agricultural residential associations, which must still comply with NRS 116.31038 and, for the landscape type, NRS 116.31073), out-of-state communities, and communities created before January 1, 1992 in counties under 55,000 population with less than 50 percent residential use. Time shares are governed by NRS 119A, and condominium hotels have their own chapter, NRS 116B. The fine section is NRS 116.31031; the hearing rules are in NRS 116.31031 and NRS 116.31085.

NRS 116.1201(1) reads "Except as otherwise provided in this section and NRS 116.1203, this chapter applies to all common-interest communities created within this State." (The cross-reference is 116.1203, not 116.203.) NRS 116.1203(3) limits NRS 116.3101-116.350 — which contains the 116.31031 fine caps — to a residential planned community containing MORE THAN 6 UNITS, and 116.1203(1) exempts a planned community of 12 or fewer units with no developmental rights from all but 116.1106 and 116.1107.

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The $100 per violation / $1,000 per hearing cap therefore does not reach a small planned community.

Aviso que deben darte

Two distinct written notices are required before any fine, and both are conditions precedent under NRS 116.31031.

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(1) A cure notice with NO fine, under NRS 116.31031(1)(c): the board must first 'Send a written notice to cure an alleged violation, without the imposition of a fine,' to the unit's owner and, if different, the person responsible for curing. That notice must (i) include an explanation of the applicable provisions of the governing documents that form the basis of the alleged violation; (ii) specify in detail the alleged violation and the proposed action to cure it; (iii) provide a clear and detailed photograph of the alleged violation if the violation relates to the physical condition of the unit or its grounds, or to an act or failure to act of which it is possible to obtain a photograph; and (iv) provide a reasonable opportunity to cure before the board may take additional action. (2) The pre-fine notices under NRS 116.31031(4): the board may not impose a fine unless (a) 'Not less than 30 days before the alleged violation,' the owner and, if different, the person against whom the fine will be imposed had been provided written notice of the applicable governing-document provisions forming the basis of the alleged violation; AND (b) within a reasonable time after discovery of the alleged violation they were provided with written notice specifying in detail the alleged violation, the proposed action to cure, THE AMOUNT OF THE FINE, and the date, time and location for a hearing on the alleged violation, plus a clear and detailed photograph where one is possible, plus a reasonable opportunity to cure or to contest the alleged violation at the hearing. An owner 'shall not be deemed to have received written notice unless written notice is mailed to the address of the unit and, if different, to a mailing address specified by the unit's owner.' Separately, NRS 116.31031(3): if the association adopts a fine policy, the secretary or other officer specified in the bylaws must prepare and hand-deliver or send prepaid by U.S. mail, to each unit owner's mailing address, a schedule of the fines that may be imposed.

Tu derecho a una audiencia

Yes - a hearing before the fine is a statutory requirement, not a courtesy. NRS 116.31031(6): 'The executive board must hold a hearing before it may impose the fine,' unless the fine is paid before the hearing, or the owner (or the person against whom the fine will be imposed) executes a written waiver of the right to the hearing, or fails to appear at the hearing after being provided proper notice of it.

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NRS 116.31031(5): the board 'must schedule the date, time and location for the hearing' so that the person is provided a reasonable opportunity to prepare for and to be present at the hearing. The hearing date, time and location must appear in the pre-fine written notice under NRS 116.31031(4)(b). NRS 116.31031(8): if the governing documents so provide, the board may appoint a committee of not less than three members to conduct hearings and impose fines. NRS 116.31031(9): a board member who has not paid all assessments due from that member may not participate in the hearing or vote on a fine - action taken at a hearing in violation of this rule is void, and such a vote is void. NRS 116.31031(10): 'The provisions of this section establish the minimum procedural requirements that the executive board must follow before it may impose a fine,' and do not preempt governing documents that provide greater procedural protections. NRS 116.31085 adds: the board must meet in executive session to hold a hearing on an alleged violation UNLESS the person against whom the fine may be imposed requests in writing that an open hearing be conducted by the board; the person is entitled to attend all portions of the hearing related to the alleged violation, including the presentation of evidence and testimony, and is entitled to due process as set forth in standards adopted by regulation of the Commission, which must include the right to counsel, the right to present witnesses, and the right to present information relating to any conflict of interest of a board member; the person is NOT entitled to attend the board's deliberations. The board must maintain minutes of any decision made concerning an alleged violation and, on request, provide a copy of the decision to the person or the person's designated representative. The person is entitled to receive written notice of the board's decision within a reasonable time after the decision is made, and the period to cure a violation before it becomes a continuing violation is deemed not to commence until the date the notice of the decision is provided to the person sanctioned.

Límite de la multa

Yes, Nevada has express statutory dollar caps - unusual among states. NRS 116.31031(1)(b): if the violation does NOT pose an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units' owners or residents (as provided in the regulations adopted by the Commission), the fine…

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'must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents, but the amount of the fine must not exceed $100 for each violation or a total amount of $1,000 per hearing against each unit's owner or tenant or invitee of the unit's owner or tenant.' If the violation DOES pose such an imminent threat (as provided in Commission regulations), the fine must be commensurate with the severity and determined by the board in accordance with the governing documents - the statute sets NO dollar ceiling for that category, and instead directs that 'The Commission shall adopt regulations establishing the criteria used in determining whether a violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units' owners or residents of the common-interest community, the severity of such violations and limitations on the amounts of the fines.' The subsection 1 limits 'do not apply to any charges or costs that may be collected by the association pursuant to this section if the fine becomes past due.' Continuing violations - NRS 116.31031(7): if a fine is imposed and the violation is not cured within 14 days, or within any longer period established by the board, the violation is deemed a continuing violation, and the board may then impose an additional fine 'in an amount that does not exceed the amount of the original fine' for each 7-day period or portion of a period the violation is not cured; that additional fine (a) may be imposed without providing the opportunity to cure and without the notice and opportunity to be heard required by NRS 116.31031(4)(b), and (b) 'Is not subject to any limitation on the amount of fines set forth in subsection 1 or the regulations adopted pursuant thereto.' Fines are also barred outright in some cases: no fine for a violation that is the subject of a construction penalty under NRS 116.310305 (NRS 116.31031(1)(b)(1)); no fine against an owner or tenant or invitee for a governing-document violation involving a vehicle committed by a person delivering goods to or performing services for the owner, tenant or invitee (NRS 116.31031(1)(b)(2)); and, unless the violation poses an imminent threat as provided in Commission regulations, no fine against an owner or tenant for a violation committed by an invitee unless the owner or tenant participated in or authorized the violation, had prior notice of the violation under NRS 116.31031(1)(c), or had an opportunity to stop the violation and failed to do so (NRS 116.31031(2)). Past due fines: NRS 116.31031(11) - 'Any past due fine must not bear interest, but may include any costs incurred by the association during a civil action to enforce the payment of the past due fine.' NRS 116.31031(12) - if requested by the person fined, not later than 60 days after receiving any payment of a fine, the association must provide that person a statement of the remaining balance owed.

Derecho a revisar registros

NRS 116.31175: the executive board must provide a copy of the records described in NRS 116.31175(1)(a), (b) and (c) to a unit's owner or to the Ombudsman within 21 days after receiving a written request.

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The records must be provided in electronic format at no charge to the owner, or, if the association is unable to provide them electronically, the board may charge a fee to cover the actual cost of preparing a copy, but the fee 'may not exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.' Enforcement teeth: 'If the executive board fails to provide a copy of any of the records pursuant to subsection 2 within 21 days, the executive board must pay a penalty of $25 for each day the executive board fails to provide the records.' The association may withhold employee personnel records (other than hours worked, salaries and benefits), the records of other units' owners, and documents still in development that have not been placed on the board's agenda for final approval. For in-person review, 'The executive board shall not require a unit's owner to pay an amount in excess of $25 per hour to review any books, records, contracts or other papers.'

Proceso de disputa obligatorio

MANDATORY ADR before court - this is a hard precondition in Nevada. NRS 38.310(1): a civil action based upon a claim relating to (a) 'The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an…

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association,' or (b) 'The procedures used for increasing, decreasing or imposing additional assessments upon residential property,' may not be commenced in any court in this State unless the claim has first been submitted to mediation (or, if the parties agree, referred to a program). NRS 38.310(2): a court 'shall dismiss' any civil action commenced in violation of that requirement. 'Civil action' is defined in NRS 38.300 as an action for money damages or equitable relief, but excludes an action in equity for injunctive relief in which there is an immediate threat of irreparable harm, and an action relating to the title to residential property. Procedure under NRS 38.330: the parties select a mediator from lists maintained by the Division; the mediation must be completed within 60 days; written submissions are due 5 days before the hearing; sessions are limited to 3 hours unless extended by agreement; the cost of mediation may not exceed $500 for 3 hours of mediation. If mediation does not resolve the claim the parties may proceed to arbitration, where the cost 'must not exceed $300 per hour'; the arbitrator provides an informational statement within 5 days of selection and issues the award within 30 days. Fee-shifting deterrent: if a party who was subject to binding arbitration then litigates the matter in court and loses, that party must pay all costs and reasonable attorney's fees incurred by the opposing party. The Ombudsman's statutory duties include assisting in processing claims submitted to the mediation or arbitration program (NRS 116.625).

NRS 38.330(7) fee-shift, precisely: after BINDING arbitration, a party who applies to vacate the award or files a civil action pays the opposing party's costs and reasonable attorney's fees only "if the party fails to obtain a more favorable award or judgment," and only for fees incurred AFTER the rehearing application or the complaint.

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It does not simply shift fees to whoever loses in court.

Honorarios de abogado

Yes, discretionary fee-shifting to the winner. NRS 116.4117 provides a private civil action for 'any person or class of persons suffering actual damages' from a failure to comply with NRS 116 or with the governing documents; an association may sue a declarant, community manager or unit owner, a unit owner may sue the association, a declarant or another unit owner, and a class of at least 10 percent of the voting members may sue a community manager.

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On that action, 'The court may award reasonable attorney's fees to the prevailing party.' Punitive damages are available 'for a willful and material failure to comply with any provision of this chapter if the failure is established by clear and convincing evidence,' except against the association itself or against board members or officers acting in their official capacity. The remedies are supplemental to other remedies. Separately, NRS 38.330 shifts all costs and reasonable attorney's fees to a party who, after binding arbitration, litigates in court and loses.

Plazo para demandar

6 años

Quién atiende quejas

Yes - Nevada has a real state regulator, unlike most states. Within the Nevada Real Estate Division (Department of Business and Industry): (1) the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels, created by NRS 116.625, whose duties include assisting in processing claims…

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submitted to the mediation or arbitration program, assisting owners in understanding their rights and responsibilities under NRS 116 and the governing documents, assisting executive board members and officers, investigating disputes when appropriate, and maintaining the statewide registration of all associations (contact information, community manager, board member names and addresses, declarant, number of units, annual assessments, foreclosure statistics related to unpaid assessments or fines, and reserve study status); and (2) the Commission for Common-Interest Communities and Condominium Hotels, which adopts the regulations NRS 116 calls for, including the NRS 116.31031(1) criteria for whether a violation poses an imminent threat and the limitations on those fine amounts, and the NRS 116.31085 due-process standards for violation hearings.

Léelo tú mismo

Fuentes oficiales. Si algún dato de abajo importa en tu caso, abre la ley y léela — las leyes se reforman y muchas ciudades agregan reglas locales más estrictas.

• NRS 116.31031(1)-(12), as amended by 2021 Nev. Stat. ch. 157, sec. 2 (S.B. 72, 81st Sess.) — NRS 116.31031 (power of executive board to impose fines; notice; hearing; caps; continuing violations) - official enrolled bill text, S.B. 72, ch. 157, Statutes of Nevada 2021, at p. 711, sec. 2, which reprints the whole section as amended
• NRS 116.1201(1)-(2) — NRS 116.1201 (applicability - one act for all common-interest communities) - official enrolled S.B. 72 (2021) sec. 1, reprinting the section as amended
• NRS ch. 116 — NRS Chapter 116 - COMMON-INTEREST OWNERSHIP (UNIFORM ACT), official Nevada Legislature chapter page (table of contents confirming section headings, incl. NRS 116.31031 heading)
• NRS 38.300; NRS 38.310(1)-(2); NRS 38.330 — NRS 38.300 (definition of 'civil action'), NRS 38.310 (mandatory mediation before suit; court shall dismiss), NRS 38.330 (mediation/arbitration procedure, cost caps, fee-shifting) - official Nevada Legislature chapter page
• NRS 11.190(1)(b) (6 years, contract founded upon an instrument in writing); NRS 11.190(3) (3 years, liability created by statute) — NRS 11.190 (periods of limitation) - official Nevada Legislature chapter page
• NRS 116.31085 — NRS 116.31085 (meetings; hearing on alleged violation in executive session unless open hearing requested; right to counsel and witnesses; notice of decision; cure period start) - FindLaw verbatim code mirror, current as of January 1, 2025
• NRS 116.31175(2)-(4), (8) — NRS 116.31175 (maintenance and availability of books, records and other papers; 21-day deadline; $25/day penalty; copy fees; $25/hour review cap) - FindLaw verbatim code mirror, current as of January 1, 2025
• NRS 116.4117 — NRS 116.4117 (effect of violations on rights of action; civil action; punitive damages; 'The court may award reasonable attorney's fees to the prevailing party') - FindLaw verbatim code mirror, current as of January 1, 2025
• NRS 116.625 — NRS 116.625 (Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels; duties; association registration) - FindLaw verbatim code mirror, current as of January 1, 2025
• NRS 116.31031 — NRS 116.31031 cross-check against a second source (FindLaw verbatim code mirror, current as of January 1, 2025) - matched the 2021 enrolled-bill text, including '$100 for each violation or a total amount of $1,000 per hearing'
• Nev. LCB File No. R091-25I (proposed NAC 116 amendment), secs. 1(1)-1(4) — LCB File No. R091-25I, PROPOSED (initial draft, agency submission 11/14/2025, agency draft dated 12/9/2025) regulation of the Commission for Common-Interest Communities and Condominium Hotels, amending NAC 116 - would define 'imminent threat' and cap those fines at $10,000. NOT ADOPTED LAW; read for context only

Última verificación: 2026-08-17