Can a Nevada HOA Ban ATVs? And Why Your HOA Needs $5 Million in Cyber Insurance to Take Dues Online

by Ryan Rose

What Happened

Barbara Holland has answered homeowner questions about HOAs in the Review-Journal for more than 25 years. Her Oct. 10 column took on two very different questions. One was about ATVs, the four-wheel off-road vehicles some residents like to ride. The other was about HOA websites and online payments.

On ATVs, Holland wrote that no Nevada law stops an HOA from banning or restricting them in its community. She pointed to NRS 116.3102, the section that lists an HOA's powers. That section lets an association adopt and amend rules and regulations. It also lets the HOA "regulate the use, maintenance, repair, replacement and modification of common elements." Common elements are the parts of the community the HOA owns or controls, like private streets, parks, trails, and pools. So if your HOA's rules say no ATVs on community roads or in common areas, that rule can stand.

On websites, Holland pointed to NRS 116.31069. Under that law, every HOA with 150 or more units must set up and keep a secure website or electronic portal that any owner can access. Three things must be posted there: the governing documents, the annual budget and any proposed budgets, and the notices and agendas for upcoming meetings. HOAs with fewer than 150 units are not required to have one, but the law says they may, and are encouraged to.

The third point is the one that surprises most owners. Under NRS 116.310695, an HOA website or portal can let owners pay their dues online only if certain conditions are met. The big one: the HOA, or the payment processor it hires, must carry a cybersecurity insurance policy of at least $5,000,000 in total coverage. That policy has to cover losses if someone steals the personal information owners enter to make payments, including losses from identity theft.

The statute goes further than the headline number. If the HOA uses an outside payment processor that carries the $5 million policy, the HOA still needs its own policy too. The minimum depends on size. An HOA with 150 units or fewer needs at least $250,000. An HOA with more than 150 and up to 250 units needs at least $500,000. An HOA with 250 units or more needs at least $1,000,000. The board must also study the costs and benefits of online payments, including the cost of that insurance, and decide that offering them is in the best interest of the association.

Why It Matters to Las Vegas Residents

HOAs are everywhere in Clark County. Master-planned communities like Summerlin, Green Valley, Mountains Edge, Inspirada, and Skye Canyon are built around them, and a large share of newer homes across the valley come with dues and a set of rules. That means these three laws touch a lot of households, whether owners know it or not.

Start with ATVs. Some buyers move to Las Vegas for the desert. They want to ride on weekends at the off-road areas outside town. It is easy to assume that if you can legally own an ATV, you can ride it down your street to the trailer. In an HOA, that may not be true. If your community's rules limit ATVs on private roads or common areas, the board can enforce those rules. The same goes for rules about where you can store one. If you own an ATV, a dirt bike, or a side-by-side, read the rules before you buy, not after the first violation letter shows up.

Nevada law does put guardrails on HOA rules, and that matters for owners on both sides of the ATV question. Under NRS 116.31065, rules must be reasonably related to their purpose. They must be clear enough that a person knows what is required. They must be consistent with the governing documents and must not arbitrarily restrict conduct. And they must be enforced uniformly. The law says a rule that is not enforced the same way against everyone may not be enforced against any owner. So if your neighbor rides every Saturday with no letter, and you get a fine, that is worth raising.

Fines have limits too. Under NRS 116.31031, for a violation that does not pose an imminent threat to health, safety, or welfare, a fine cannot be more than $100 per violation or $1,000 total per hearing. Before any fine, the HOA must follow the notice and hearing steps the law requires.

Now the website rule. For an owner, a required portal is a real tool. You do not have to ask permission or wait for a manager to email you to see the budget. If your HOA has 150 or more units, the governing documents, the budget, and upcoming meeting agendas should be there for you to read. That makes it easier to show up prepared when the board talks about raising dues or spending reserves.

Last, the insurance rule. When you pay your HOA online, you hand over a card or bank account number along with your name and address. Data breaches happen to big companies and small ones. Nevada lawmakers decided that if an HOA wants to collect money this way, there must be real coverage behind it. For you, that means you can ask a simple question: does our HOA, or its processor, carry the policy the law requires?

This also matters at the moment you buy. Under NRS 116.4109, a seller in an HOA must give the buyer a resale package. It includes the declaration, the bylaws, the rules and regulations, the current budget, a year-to-date financial statement with a summary of reserves, a statement of fees and any unpaid balance, and proof of the insurance policies the HOA must carry. The buyer can cancel the contract in writing until midnight of the fifth calendar day after receiving that package, without penalty. Those five days are when you find out whether an ATV, a trailer, or a boat can live at your new home.

Background and History

Nevada's HOA law, Chapter 116, is based on a national model act called the Uniform Common-Interest Ownership Act. The state added it in 1991 and has amended it in almost every legislative session since. Many of the changes came after owners pushed lawmakers for more access, more notice, and more limits on board power.

The website requirement is fairly new. NRS 116.31069 was added in 2021 and amended in 2023. Before that, getting a copy of your HOA's budget or rules often meant a written request and a trip to the management office. The law moved those core documents online for larger communities.

The cybersecurity insurance rule came next. NRS 116.310695 was added by the Legislature in 2023. It ties online payments to insurance coverage, to Nevada's state law on protecting personal information, and to a board review of whether online payments make sense. It also lets the HOA or processor shut off online payment for a past due balance that has been sent to a collection company. The law says that a collection company does not have to offer online payment for that debt.

Records access is older and works alongside the portal. Under NRS 116.31175, an owner can ask in writing to review the HOA's books and records, including the financial statement, budgets, the reserve study, and contracts. For the financial statement, budgets, and reserve study, the board must send a copy within 21 days of a written request. It must be electronic and free if the HOA can do that. If the board misses the 21 days, the law sets a penalty of $25 per day.

ATV rules, by contrast, are not new law at all. They come from the HOA's general power to make and enforce rules for common elements, which has been part of Chapter 116 from the start. Holland's point was that nothing in state law carves ATVs out of that power.

What Happens Next

Nothing in Holland's column points to a new vote or deadline. These are laws already on the books. What happens next depends on your HOA and on you.

If your HOA has 150 or more units and does not have an owner portal, or the portal is missing the budget, the governing documents, or meeting agendas, the board is out of step with NRS 116.31069. The fix usually starts with a polite written request to the board or the community manager. If your HOA takes dues online, the board should be able to tell you who carries the cybersecurity policy and that it meets the minimums in NRS 116.310695. You can also ask for the board's cost and benefit review on online payments.

On ATVs, watch your HOA's meeting agendas, which should be posted on the portal. Boards that want to add or change vehicle rules usually take them up at a meeting first, and owners can speak. If a new rule is proposed, that is the time to weigh in, whether you ride or you would rather your street stay quiet. Nevada's next regular legislative session begins in February 2027, and Chapter 116 is usually on the list of laws that get bills. Whether any HOA bills will touch websites, insurance, or vehicle rules is [NOT VERIFIED].

Ryan's Take

As a realtor, I see HOA rules come up most at two moments: when a buyer is about to sign, and when an owner is about to sell. A buyer who owns an ATV, a trailer, or a work truck needs to read the community's rules and governing documents during the HOA document review period, before the deal closes. That review exists for a reason. A home can check every box and still not work if the rules say your toys cannot live there.

The website and insurance rules matter for value, too. An HOA that posts its budget and agendas, keeps its records in order, and protects owner payment data tends to be a better-run HOA. Buyers notice that. Reserve studies, budgets, and meeting notes tell you whether dues are likely to jump or a special assessment is coming. If you are thinking about buying in Henderson, Summerlin, or the southwest valley, the portal is one of the first places I would look.

What You Can Do

First, find your HOA's portal. Your community manager or your monthly statement should list it. Check that the governing documents, the current budget, any proposed budget, and upcoming meeting agendas are posted. If you live in an HOA with 150 or more units and they are not there, send a short written request to the board.

Second, if you pay dues online, ask the board or manager in writing whether the HOA or its payment processor carries cybersecurity insurance of at least $5 million, and whether the HOA has its own policy at the level its size requires. If you own or plan to buy an ATV, read the rules and the CC&Rs on vehicles, parking, and storage, and ask the manager how the rules are enforced. If you want the HOA's financial statement, budget, or reserve study, request it in writing; the 21-day clock in NRS 116.31175 starts then.

If you are buying, ask for the resale package early and read the rules section first. Look for anything about vehicles, parking, garages, trailers, and storage. Then check the budget and reserve summary. If something in the package does not work for you, the five-day cancellation window in NRS 116.4109 is your chance to walk away cleanly. If you are selling, request the documents from your HOA as soon as you list. The law gives the association 10 calendar days after a written request to provide them, and a buyer's clock does not start until the package arrives.

Third, know where to go if the board will not respond. The Nevada Real Estate Division runs a Common-Interest Communities program and an Ombudsman's Office for HOA owners. Its website lists information on alternative dispute resolution, the Nevada Common-Interest Community Manual, and how to file a complaint. You can also read all of Chapter 116 for free on the Nevada Legislature's website.

Have questions about how this affects your home or neighborhood? Reach out to Ryan Rose or text/call 702-747-5921 anytime.