Nevada HOA Laws | Homeowner Association Rules

Like in many other states, Nevada has laws regulating homeowners associations and condominiums. The key to remaining compliant with these Nevada HOA laws is to first understand what they are.

For Common Interest Communities

The Nevada Uniform Common-Interest Ownership Act applies to all common interest communities in the state. There are certain exceptions, though, such as if a planned community consists of 12 units or less. For more exceptions, see N.R.S. 116.1203 and N.R.S. 116.1201.

To create a common interest community under this Act, the association must record a declaration in every county where the property is located (N.R.S. 116.2101). It must also be indexed in the grantee’s index in the name of the association and the common interest community as well as in the grantor’s index in the name of every person executing the declaration.

You can find the Nevada Uniform Common-Interest Ownership Act under Chapter 116 of the Nevada Revised Statutes. It consists of four articles, each one divided further into sections and parts.

Article 1 – General Provisions

Part I – Definitions and Other General Provisions

Part II – Applicability

Article 2 – Creation, Alteration, And Termination of Common-Interest Communities

Article 3 – Management of Common-Interest Communities

General Provisions

Meetings and Voting

Liabilities, Insurance and Fiscal Affairs

Liens

Books, Records and Other Documents

Miscellaneous Rights, Duties and Restrictions

Article 4 – Protection of Purchasers

Administration and Enforcement of Chapter

General Provisions

General Powers and Duties of Commission

Investigation of Violations; Remedial and Disciplinary Action

For Condominiums

The Nevada Condominium Act specifically applies to condominiums in the state that have recorded diagrammatic floor plans, a signed certificate, and a survey map prior to January 1, 1992. It governs assessments, community restrictions, liens, and foreclosing on a lien.

You can find the Nevada Condominium Act under Chapter 177 of the Nevada Revised Statutes. It consists of 15 sections, listed below.

Nevada HOA Laws on Corporate Governance

Most associations in Nevada form as non-profit corporations. Therefore, such associations must follow the Nevada Nonprofit Corporation Act, which provides guidance on corporate procedure and structure.

But, associations can also form as a profit corporation, an association, a limited-liability company, a partnership, or a trust. For associations that organize as profit corporations, they must follow the provisions set forth within the Nevada Business Corporation Act.

You can find provisions for non-profit corporations in Nevada under Chapter 82 of the Nevada Revised Statutes. It consists of 12 articles, namely:

General Provisions – Sections 82.006 through 82.078
Formation – Sections 82.081 through 82.116
Powers – Sections 82.121 through 82.136
Corporate Records – Sections 82.181 through 82.188
Registered Agent and Registered Office; Directors and Officers – Sections 82.193 through 82.226
Members – Sections 82.231 through 82.261
Meetings, Elections, Voting and Notice – Sections 82.266 through 82.341
Amendment and Restatement of Articles of Incorporation – Sections 82.346 through 82.371
Sale of Assets; Voluntary Dissolution – Sections 82.436 through 82.461
Insolvency; Involuntary Dissolution – Sections 82.466 through 82.521
Foreign Nonprofit Corporations – Sections 82.523 through 82.524
Miscellaneous Provisions – Sections 82.525 through 82.546

Nevada HOA Laws on Property Use Restrictions

According to the HOA laws of Nevada, there are certain restrictions homeowners associations can’t impose on the members of the community.

Right to Own a Pet. Homeowners associations may not prohibit members from keeping at least one pet (N.R.S. 116.318).
Right to Display the U.S. Flag. Homeowners associations may not prohibit members from displaying the United States flag or the flag of the State of Nevada on their own property (N.R.S. 116.320).
Right to Display Political Signs. Homeowners associations may not prohibit members from displaying political signs on their own property (N.R.S. 116.325). This is subject to certain conditions, though, such as the size and number of signs, among other things.
Right to Drought-Tolerant Landscaping. Homeowners associations may not prohibit members from installing drought-tolerant landscaping on their own property, including the front yard and backyard (N.R.S. 116.330). Though, the owner must first submit a detailed plan of the landscaping subject for review.
Right to Solar Energy. Homeowners associations may not prohibit members from installing solar energy devices such as solar panels on their own property (N.R.S. 111.239 and N.R.S. 278.0208).

Nevada HOA Laws on Fair Debt Collection

Nevada has its own Fair Debt Collection laws similar to the provisions found within the federal Fair Debt Collection Practices Act. Section 649.375 of the Nevada Revised Statutes covers the prohibited practices of debt collectors. Any violation of the federal FDCPA is also considered a violation of Nevada’s laws.

Victims of prohibited debt collection practices can lodge a complaint with the Federal Trade Commission, the Consumer Financial Protection Bureau, or Nevada’s Attorney General’s Office. On the other hand, they may also file a private lawsuit against the debt collector in federal or state court.

Fair Housing

Nevada also has its own Fair Housing laws, modeled after the federal Fair Housing Act. According to Nevada law, housing providers may not discriminate against people based on their national origin, color, race, ancestry, sex, sexual orientation, gender identity or expression, religious creed, familial status, or disability.

Housing discrimination victims can lodge a complaint with the U.S. Department of Housing and Urban Development or the Nevada Equal Rights Commission. They may also file a lawsuit in federal district court.

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