Nevada Statewide Rule
Nevada HOA Assessments, Liens & Foreclosure (NRS 116)
Key Facts
- Governing law
- NRS 116.3116 / 116.31162-116.31168 (NV CIOA)
- Super-priority
- 9 months of assessments prime the first mortgage
- Foreclosure type
- Nonjudicial (no court action required)
- Notices required
- Delinquent assessment, default & election to sell, notice of sale
- Oversight
- Real Estate Division Ombudsman & CIC Commission
Summary
Under the Nevada Common-Interest Ownership Act, NRS 116.3116, an association has a statutory lien for unpaid assessments. A portion is super-priority over a first mortgage, and the association may foreclose nonjudicially without going to court, following the notice procedures in NRS 116.31162 to 116.31168.
NRS 116.3115 Assessments for common expenses; funding of adequate reserves; collection of interest on past due assessments; calculation of assessments for particular types of common expenses; notice of meetings regarding assessments for capital improvements. 1. Until the association makes an assessment for common expenses, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association in accordance with the requirements set forth in NRS 116.31151. Unless the declaration imposes more stringent standards, the budget must include a budget for the daily operation of the association and a budget for the reserves required by paragraph (b) of subsection 2. 2. Except for assessments under subsections 4 to 7, inclusive, or as otherwise provided in this chapter: (a) All common expenses, including the reserves, must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsections 1 and 2 of NRS 116.2107.
Full Breakdown
NRS 116.3116(3) makes part of the assessment lien prior to a first security interest, to the extent of assessments 'based on the periodic budget adopted by the association ... which would have become due in the absence of acceleration during the 9 months immediately preceding the date on which the notice of default and election to sell is recorded,' plus certain nuisance-abatement charges. This 9-month 'super-priority' piece can wipe out a mortgage if unpaid. The association may foreclose nonjudicially (NRS 116.31162-116.31168): it records and mails a notice of delinquent assessment, then a notice of default and election to sell, then a notice of sale to the owner and junior lienholders before a public sale. No court action is required.
Violations & Penalties
No statutory penalty on the owner beyond the debt: the unpaid assessments, interest, reasonable collection and foreclosure costs, and attorney fees, enforced through a lien whose 9-month super-priority portion can be foreclosed nonjudicially ahead of the first mortgage.
Frequently Asked Questions
Can a Nevada HOA foreclose on a home for unpaid dues?
What is the 9-month super-priority lien in Nevada?
Does a Nevada HOA have to sue me to collect assessments?
Sources
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