Nevada NRS 38.310 requires most Clark County HOA disputes to go through NRED mediation or arbitration before court. The NRED Ombudsman provides free information and referral for owners.
Before filing suit over most HOA disputes in Clark County, NRS 38.310 requires parties to submit the dispute to the Nevada Real Estate Division for mediation or binding arbitration through a Notice of Intent to Submit Claim to Mediation or Arbitration. This mandatory alternative dispute resolution covers civil actions based on CC and Rs, governing documents, or the interpretation and application of NRS 116. The Ombudsman for Owners in Common-Interest Communities provides free intake, education, and referral to mediators or arbitrators. A filing fee is paid by the claimant and refunded if the claimant prevails. Only after exhausting NRED ADR can parties file in Clark County District Court. Exceptions include emergencies, foreclosure actions, and claims primarily for money damages under a small claim threshold. Master-planned communities like Summerlin South often have additional internal dispute procedures required by CC and Rs before NRED filing. The Nevada Commission for Common-Interest Communities and Condominium Hotels hears disciplinary complaints against boards, community managers, and directors.
Filing a civil suit without exhausting NRED ADR results in dismissal without prejudice. Boards that refuse to participate in required mediation can be fined by NRED. Fraudulent or bad-faith claims may be sanctioned.
See how Clark County's dispute resolution rules stack up against other locations.
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