Nevada has one of the strongest statutory HOA fine procedures in the western United States. Under NRS 116.31031, your HOA can't just send you a violation notice and a fine — it has to follow a specific multi-step procedure that includes a written notice with the proposed cure, a clear photograph of the alleged violation (if applicable), a hearing, and statutory dollar caps on the fine itself.
If your Nevada HOA skipped any of these steps, that's not just a technicality. It's a statutory defect that may invalidate the fine entirely.
This guide covers the statutory protections in NRS 116.31031, the additional rights under NRS Chapter 116 (the Common-Interest Ownership Act), how to use the Nevada Real Estate Division's Ombudsman office for free dispute resolution, and the step-by-step process for disputing a Nevada HOA fine.
Nevada HOAs are governed by several overlapping sources of law. Unlike many states that leave everything to CC&Rs, Nevada statute sets mandatory procedural floors your HOA cannot contract around.
Key distinction: Nevada law applies to condos, townhomes, AND single-family planned communities. Unlike many states where single-family HOAs get little or no statutory protection, Nevada's NRS Chapter 116 covers all three community types under the same framework.
NRS 116.31031 is the enforcement procedure statute — the one that directly governs how your HOA can impose fines. Each requirement below is a statutory mandate. Skipping any one of them is a statutory defect that may invalidate the fine entirely.
An HOA may impose a fine only if the governing documents specifically authorize fines. No fine authority in your CC&Rs means no valid fine, regardless of procedure.
The notice must be mailed to the address of the unit AND, if different, to a mailing address specified by the unit's owner. Email-only notice is insufficient. Hand delivery alone is insufficient. A unit owner is not deemed to have received written notice unless it was mailed to the correct address.
The written notice must specify: the alleged violation in detail, the proposed action to cure the alleged violation, the amount of the fine, and the date, time, and location for the hearing. A vague notice — "violation of community standards" — doesn't meet this standard. Each element must be specifically included.
If the alleged violation relates to the physical condition of the unit or the grounds of the unit, the HOA must provide a clear and detailed photograph of the alleged violation — wherever it's possible to obtain one. No photo means no valid fine for a physical violation.
The executive board must hold a hearing before imposing the fine unless the fine is paid before the hearing, the owner waives the hearing in writing, or the owner fails to appear after proper notice. Under NRS 116.31085(4), the hearing defaults to executive session (closed to other owners) — unless you affirmatively request an open hearing in writing.
A member of the executive board may not participate in a hearing or cast a vote on a fine if that member has unpaid assessments due to the association. Any action taken at the hearing by a disqualified board member is void; any vote cast is void.
For violations that do not pose an imminent threat to health, safety, or welfare: $100 per violation maximum, $1,000 total maximum per hearing. Violations that DO pose an imminent threat are exempt from this specific cap — but the Nevada Commission for Common-Interest Communities has adopted regulations under NAC 116 defining what counts as an imminent threat, and the fine amount must still be "commensurate with the severity" of the violation. The Commission has periodically proposed dollar ceilings for imminent-threat fines in its rulemaking, so it's worth asking your HOA which specific NAC 116 provision it's relying on and confirming the current figure directly with the Nevada Real Estate Division rather than assuming no limit applies.
This is important and often misunderstood. If a fine is imposed and the violation is not cured within 14 days (or a longer period set by the board), the violation becomes a “continuing violation.” After that point:
Beyond NRS 116.31031, Nevada statute provides several powerful protections that come up regularly in HOA disputes.
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.
This is Nevada's biggest differentiator from most states.
The Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels was created under NRS 116.625. It's a division of the Nevada Real Estate Division, part of the Nevada Department of Business & Industry.
Important for anyone behind on assessments. Under NRS 116.3116, the HOA has a lien from the time an assessment or fine becomes due. The lien has super-priority over a first mortgage for:
Per Nevada Real Estate Division guidance and Nevada Supreme Court precedent, the super-priority lien is limited to assessments only — and it can be revived after a previous lien is released.
CC&Rs, bylaws, fine schedule. Pull them through your HOA portal or via a written records request — the HOA has 21 days to respond or faces a $25/day penalty (NRS 116.31175).
When did you receive it? Was it mailed to the correct address? Date everything.
Did it include: detailed violation, proposed cure, fine amount, hearing date/time/location, and a photograph (if a physical violation)? Each missing element is a defense.
Specify whether you want it open or closed. This preserves your statutory rights and your control over how the hearing is conducted. Keep the certified mail receipt.
If any participating board member was behind on dues, the decision is void under NRS 116.31031(9).
Reference NRS 116.31031 by subsection. Demand the fine be rescinded.
Our free analyzer reviews your Nevada violation notice against the NRS 116.31031 requirements and identifies every procedural defect — then generates a dispute letter citing the exact statute. Analyze My Nevada Fine — Free Preview →
Not every fine is worth fighting. There are situations where paying — or negotiating a settlement — is the smarter move:
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.
You now know Nevada's seven statutory requirements, the Ombudsman resource, and the step-by-step dispute process. Here is where to go next:
Use our free analyzer to check your Nevada HOA fine against the NRS 116.31031 requirements. The free preview identifies every procedural step the HOA skipped. Full dispute letter citing the exact statute: $9.99.
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