Nevada HOA CC&R & Rule Enforcement / ADR (NRS 116.31065, 38.310)

NRS 116.31065 says rules must be 'reasonably related to the purpose for which they are adopted,' sufficiently explicit to inform owners of what is required, not adopted to evade an association obligation, consistent with the governing documents, and 'uniformly enforced under the same or similar circumstances against all units' owners. Any rule that is not so uniformly enforced may not be enforced against any unit's owner.' Before a court fight, NRS 38.310 provides that 'no civil action' relating to 'the interpretation, application or enforcement' of CC&Rs, bylaws or rules 'may be commenced in any court in this State unless the action has been submitted to mediation or ... arbitration,' and 'a court shall dismiss any civil action' filed in violation.

Selective or arbitrary enforcement makes a rule unenforceable against everyone. A CC&R or rule-enforcement lawsuit filed without first completing mediation or arbitration must be dismissed by the court under NRS 38.310.