Nevada HOA Laws: NRS 116 Homeowner Rights

Nevada's HOA law is primarily governed by Nevada Revised Statutes Chapter 116, known formally as the "Common-Interest Communities Act." Based on the Uniform Common-Interest Ownership Act (UCIOA), this statute provides comprehensive regulation of HOA governance, enforcement, and homeowner rights.

Core Statutory Framework

• § 116.01-110 — Definitions and general provisions
• § 116.3101-3116 — Powers and duties of HOAs and boards
• § 116.31031 — Fining procedures and mandatory hearings (critical for violations)
• § 116.31175 — Record access rights for members
• § 116.31035-31037 — Board meeting and voting procedures
• § 116.3116 — Lien authority for assessments and liens
• § 116.31162-31168 — Foreclosure procedures and protections
• § 116.310 — Dispute resolution procedures

Recent 2025 legislation strengthened homeowner protections, including SB 201 (religious and cultural door displays). HOA board elections are governed by NRS 116.31034. Note: Nevada SB 152 (proposed EV charger protections) died in committee in 2025 and is not law. See our guide on Nevada fine limits for detailed enforcement rules.

Nevada law explicitly grants homeowners comprehensive rights that cannot be waived or limited by CC&Rs. These rights form the foundation of homeowner protections in Nevada.

Record Access Rights (§ 116.31175)

You have absolute right to inspect and copy HOA official records:

• Reasonable access — HOA must provide access during reasonable hours
• No "proper purpose" requirement — You don't need to justify why you want records
• Copies at cost — HOA can charge reasonable copying costs only
• Financial records — Must maintain and provide financial records
• Board minutes — Official meeting minutes must be maintained and accessible

Meeting Attendance and Participation Rights (§ 116.31035)

• Right to attend all open meetings — Board meetings must be open to homeowners (except attorney-client privileged sessions)
• Notice requirement — Meetings must be noticed in accordance with governing documents and statute
• Right to speak — Members have the right to address the board on matters within its authority
• Quorum requirements — Meetings must satisfy quorum requirements in governing documents

Voting Rights (NRS Chapter 116)

• Right to vote on all matters — Board elections, special assessments, rule changes, major decisions
• One lot, one vote (unless governing documents specify otherwise)
• Proxy voting — Can vote by proxy unless bylaws specifically prohibit
• Absentee/mail ballots — Provided for under Nevada's HOA election rules (NRS Chapter 116)
• Election transparency (NRS Chapter 116) — Board candidates and election procedures must be transparent

Protected Activities (SB 201 & 2025 Amendments)

Your HOA cannot restrict or fine you for:

• Religious/cultural door displays (SB 201) — Not exceeding 36 inches by 12 inches (or the door's size)
• Drought-tolerant landscaping (NRS §116.330) — Xeriscape or native plant landscaping replacing turf grass
• Participating in elections — Fair participation in HOA board elections and voting

Note on EV charging: Nevada currently has no state law protecting EV charger installation in HOA communities. Nevada SB 152 died in committee in 2025. If your CC&Rs restrict EV chargers, you must seek board approval through the architectural review process.

Right to Fair Fining Procedures (§ 116.31031)

• Written notice — with a reasonable opportunity to prepare for the hearing
• Right to a hearing — Mandatory hearing before any fine is imposed
• Right to present evidence — Can present evidence and witnesses at hearing
• Written decision — Decision must be in writing with findings
• Fine limits — $100 per violation, $1,000 per hearing maximum

Nevada law imposes specific obligations on HOA boards. Understanding these obligations gives you leverage when boards fail to comply.

Uniform Enforcement Requirement (§ 116.3103)

The board must enforce rules uniformly and consistently:

• Governing documents must be enforced uniformly against all unit owners
• Selective enforcement (fining some owners while ignoring identical violations by others) is improper
• The board cannot use fining as retaliation against specific homeowners
• Enforcement decisions should be documented and applied consistently

Mandatory Fining Procedures (§ 116.31031)

The board must follow strict procedures before imposing fines:

• Written notice required — Describing the violation and giving a reasonable opportunity to be heard
• Hearing before fine — Mandatory hearing before any fine is imposed
• Cure opportunity — Member has full period until hearing to cure the violation
• Written decision — Decision must be in writing with findings supporting it
• Fine limits — Cannot exceed $100 per violation or $1,000 per hearing

Record Maintenance and Access (§ 116.31175)

• HOA must maintain official records including meeting minutes and financial records
• Must provide member access to records at reasonable times
• Cannot deny access without legal justification
• Can charge reasonable copying costs only

Respect for Protected Activities (SB 201 & 2025 Amendments)

The board must respect statutory protections:

• Religious displays (SB 201) — Cannot restrict displays under 36"x12"
• Drought-tolerant landscaping (NRS §116.330) — Cannot restrict xeriscape or native plant landscaping
• Election transparency (NRS Chapter 116) — Must follow transparent election procedures

Things Your Board CANNOT Do

• Cannot retaliate for complaints, record requests, or assertion of rights
• Cannot discriminate based on race, color, national origin, religion, sex, disability, familial status
• Cannot fine without hearing (must provide § 116.31031 hearing)
• Cannot exceed fine limits ($100 per violation, $1,000 per hearing)
• Cannot restrict protected activities (religious displays, drought-tolerant landscaping, etc.)
• Cannot deny record access without legal justification

Nevada has been active in strengthening homeowner protections in 2025. Recent legislation represents a significant shift toward protecting homeowner freedoms while maintaining HOA governance.

SB 201 (2025) — Religious Display Protections

Senate Bill 201 enacted in 2025 provides explicit protection for religious displays on residential property.

Key SB 201 Provisions

1. Protected Religious Displays

• Religious symbols, items, and displays are protected
• Size limit: 36 inches by 12 inches (or the size of the door)
• Applies to all federally recognized religions equally
• Includes menoras, crosses, Star of David, nativity scenes, etc.

2. HOA Restrictions Prohibited

• HOAs cannot restrict based on religious content
• Cannot discriminate between religions
• Cannot impose higher standards for religious displays
• Cannot require approval or architectural review for protected displays

3. Enforcement

• Fines for protected religious displays violate Nevada law
• Members can challenge restrictions through dispute resolution
• HOA Ombudsman can investigate violations

Drought-Tolerant Landscaping Protections (NRS §116.330)

Nevada law provides strong protections for water-efficient landscaping — critical in a desert state where landscaping is one of the most common HOA violation categories.

• HOAs cannot require turf grass — You have the right to use drought-tolerant, xeriscape, or native-plant landscaping
• Cannot restrict water-efficient landscaping — HOAs cannot fine you for replacing grass with desert-adapted plants
• Aligns with Southern Nevada Water Authority guidelines — Landscaping that meets water conservation standards is explicitly protected
• If your HOA fines you for "brown lawn" or "unattractive" xeriscaping, cite NRS §116.330 in your dispute

EV Charging Rights — No Nevada Statutory Protection (SB 152 Failed)

Important correction: Nevada does not currently have a state law protecting homeowners' right to install EV charging equipment in HOA communities. Nevada SB 152, which would have prohibited HOAs from restricting EV charging installations, died in committee during the 2025 legislative session without passing.

If your HOA's CC&Rs restrict EV charger installation, you must work within those rules and seek board approval through the standard architectural or modification request process. There is no Nevada statute you can cite to override an HOA's EV charger restriction.

States that do provide statutory EV charger protections include California, Colorado, Florida, and Oregon. Nevada homeowners interested in installing EV chargers should monitor the Nevada State Legislature (leg.state.nv.us) for future legislative sessions that may revisit this issue.

HOA Elections and Voting (NRS Chapter 116)

Nevada HOA board elections are governed by NRS Chapter 116 — principally the board-election provisions at NRS 116.31034. The statute sets out how candidates are nominated, how ballots are distributed and returned, and how votes are counted, and it protects members' right to participate in electing their executive board.

Election rules are detailed and can change between legislative sessions, so confirm the exact ballot, notice, and secret-ballot requirements that apply to your association in the current text of NRS 116.31034 (and related sections), or ask the Nevada Real Estate Division's Office of the Ombudsman for Common-Interest Communities.

Nevada provides multiple pathways for resolving HOA disputes, including internal procedures, mediation, and the unique Nevada HOA Ombudsman office. Understanding these options can help you resolve disputes efficiently.

Internal Dispute Resolution (First Step)

Before pursuing external resolution, your HOA may have internal dispute procedures per § 116.310:

• Written procedures for handling member complaints
• Procedures must meet the Commission's due-process standards, including your rights to counsel and witnesses (§116.31085(4)(b))
• Request written procedures from your HOA
• Follow procedures in writing to create documentation

The Nevada HOA Ombudsman

Nevada uniquely provides a free HOA Ombudsman office to help homeowners. This is a valuable resource:

Ombudsman Authority and Services

• Free investigations — No cost to homeowners
• Violations of Chapter 116 — Can investigate alleged violations of Nevada HOA law
• Board misconduct — Can investigate unfair or improper board actions
• Recommendations — Can recommend remedies and corrective actions
• Education — Provides guidance on homeowner rights and HOA law

When to Involve the Ombudsman

File a complaint with the Ombudsman if:

• HOA fined you without a hearing (violates § 116.31031)
• HOA denied access to records (violates § 116.31175)
• HOA fined you for protected religious display (violates SB 201)
• HOA restricted drought-tolerant landscaping protected under NRS §116.330
• HOA engaged in selective enforcement or retaliation
• HOA violated other provisions of Chapter 116

How to File an Ombudsman Complaint

• Contact the Nevada Real Estate Division's Office of the Ombudsman for Common-Interest Communities and Condominium Hotels (red.nv.gov)
• Provide written description of the HOA problem or violation
• Include relevant documents (violation notice, CC&Rs, correspondence)
• Describe how the HOA violated Nevada law
• Request investigation and recommended remedy

Mediation Is MANDATORY Before You Can Sue (NRS 38.310)

This is a step most homeowners don't know about, and skipping it is fatal: Nevada law requires that before you file a civil action over the interpretation, application or enforcement of CC&Rs, bylaws or association rules — or over assessment procedures — the claim must first be submitted to mediation, and the association's internal administrative procedures must be exhausted. A court "shall dismiss" any suit filed in violation of this rule (NRS 38.310(2)).

• How to start: file the claim with the Nevada Real Estate Division with a $50 filing fee (NRS 38.320)
• Exceptions: emergency injunctive relief where there is an immediate threat of irreparable harm, and actions relating to title (NRS 38.300(3))
• Arbitration is an alternative the parties can agree to — it is not imposed by the governing documents
• Only after mediation fails (or an exception applies) can you sue the HOA in civil court

Strategic Advantages of Using the Ombudsman

• Free service — No cost to homeowners
• Expert investigation — Trained staff specializing in HOA law
• Leverage — Ombudsman involvement often motivates HOA compliance
• Documentation — Creates official record of HOA violations
• No legal fees — No attorney required (though you can hire one)