Nevada HOA Laws: How to Fight an Unfair Fine Under NRS 116.31031 (2026 Guide)

The HOA is prohibited from taking retaliatory action against a unit owner for exercising statutory rights — filing complaints, attending meetings, criticizing the board. A separate cause of action is available. If you complained to the Ombudsman, then received a fine for something the HOA had previously ignored, that's a potential retaliation claim.

This statute explicitly prohibits HOA boards, officers, and employees from engaging in threats, harassment, or other prohibited conduct against unit owners.

If the board does not provide copies of required records within 21 days of a written request, the board is subject to a $25-per-day penalty until the records are provided. Submit your records request in writing via certified mail, date it, and track the 21-day clock — the penalty creates real financial pressure on HOAs that stall.

HOA rules must be reasonably related to their purpose, clear enough that an owner understands what's required, consistent with the governing documents, not arbitrary, and uniformly enforced. Selective enforcement may make a rule unenforceable. This is your go-to defense if your HOA fines you for something it routinely ignores from your neighbors — document the inconsistency.

Owners can generally attend executive board meetings and speak during the designated owner-comment period, except when the board is properly in executive session. §116.31083 governs the mechanics of board meetings (frequency, notice, minutes); §116.31085 governs your right to attend, speak, and the (limited) circumstances where the board may close the room.

Owners have the statutory right to make audio recordings of owners' meetings, subject to the statute's rules. This is unique to Nevada — many states don't have this codified.

Owners must have at least one owners' meeting each year, and the association must keep minutes.

• Helps association residents and board members understand their rights and responsibilities
• Receives complaints about potential violations of NRS Chapter 116
• Provides free education and classes
• Assists with foreclosure-related matters through its Foreclosure Section

• Contact the Nevada Real Estate Division (red.nv.gov)
• File a written complaint with documentation
• Use this before escalating to court — many disputes resolve at the Ombudsman level
• The service is free — a meaningful contrast to states that charge a fee per issue

Yes. NRS Chapter 116 (the Nevada Common-Interest Ownership Act) governs condos, townhomes, and most planned communities. NRS 116.31031 specifically governs HOA fine procedures.

Yes. Under NRS 116.31031(3)(b), fines for non-emergency violations are capped at $100 per violation or $1,000 total per hearing. Violations posing an imminent threat to health, safety, or welfare are exempt from this specific statutory cap, but Commission regulations under NAC 116 define the imminent-threat criteria and have, in past rulemaking, proposed additional dollar ceilings for that category. The exact current figure should be confirmed directly with the Nevada Real Estate Division or Ombudsman before relying on it — but either way, the fine must remain commensurate with the severity of the violation.

Yes, for physical violations. Under NRS 116.31031(4)(b)(1)(II), if the alleged violation relates to the physical condition of your unit or grounds, the HOA must provide a clear and detailed photograph of the violation. This is unique to Nevada.

Yes. Under NRS 116.31085(4), the default is that your violation hearing is held in executive session — closed to other owners. If you want an open hearing instead, you must request it in writing. Make this request at the same time you request the hearing itself.

Yes. Under NRS 116.3108(9), owners have the statutory right to make audio recordings of owners' meetings, subject to the statute's rules. This is unique to Nevada.

The Nevada Real Estate Division, through the Office of the Ombudsman for Owners in Common-Interest Communities (NRS 116.625). The Ombudsman provides free assistance and dispute resolution. The Nevada Commission for Common-Interest Communities also regulates this area.

Fines themselves do not receive super-priority lien status under NRS 116.3116, per Nevada Real Estate Division guidance and Nevada Supreme Court precedent. Only assessments and certain maintenance/abatement charges receive super-priority. The HOA can still pursue collection on unpaid fines, but without priority over your mortgage.

That violates NRS 116.31031(7). The 14-day cure period is mandatory before continuing-violation fines may be imposed. Additional fines charged earlier are statutorily defective.

Under NRS 116.31031(9), that action is void. If a board member participates in a hearing while in violation of this rule, any action taken at the hearing is void; if that member casts a vote, the vote itself is void.