Nevada NRS 116.3115 requires Clark County HOA budgets to be ratified in open meeting. Owners can veto by majority vote. Late assessments may trigger non-judicial foreclosure under NRS 116.31162.
Under NRS 116.3115, HOA executive boards must prepare an annual budget and distribute a summary to all unit owners at least 14 days before a ratification meeting. At that meeting, the budget is deemed ratified unless a majority of all owners (not just those present) vote to reject it. Assessment increases are generally limited, and special assessments require separate notice and owner approval for large amounts under governing documents. Interest and late fees on delinquent assessments must follow NRS 116.3115 limits. NRS 116.31162 authorizes HOAs to record liens for unpaid assessments and pursue non-judicial foreclosure, but only after strict notice requirements including a 90-day cure period after recording the notice of default. Clark County had the highest number of HOA foreclosures in Nevada during the housing crisis, leading to landmark cases like SFR Investments v. U.S. Bank that established the super-priority status of 9 months of HOA assessments. Owners who believe assessments were improperly levied can contest through NRED mediation under NRS 38.310 before filing suit.
Improperly levied assessments may be reversed by NRED or court action. HOAs that fail to follow lien and foreclosure notice procedures under NRS 116.31162 may have sales voided. Owner penalties for nonpayment include late fees, interest, and potential foreclosure.
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