Nevada's HOA Commission Adopted New Rules on What Counts as a Health and Safety Violation

by Ryan Rose

What Happened

On Sept. 9, 2026, the Commission for Common-Interest Communities and Condominium Hotels adopted a set of proposed regulations. This commission works with the Nevada Real Estate Division and oversees homeowners associations, condo associations and similar communities across the state.

The biggest piece defines when a violation of an HOA's governing documents poses an imminent threat to the health, safety or welfare of residents. According to the Review-Journal column, the kinds of conduct that can qualify include:

Failing to use reasonable care
Willfully interfering with someone's use of a home or a common area
Willful or grossly negligent damage to property
Violations of housing or health codes

The rules also say boards may consult professionals when they set fines under NRS 116.31031, the Nevada law that governs HOA fines. Think of an engineer, a contractor or another expert who can help a board judge how serious a problem really is.

The package covers more than fines. It includes changes to how the Real Estate Division investigates complaints. It increases the subsidy for mediation, which helps owners and boards settle disputes without going to court. It sets rules for handing over HOA records when a management company's contract ends. And it updates wording on reserve studies, the reports that tell an HOA how much money to save for big future repairs like roofs, roads and pools.

One note on the source. The Review-Journal page carries the byline of Barbara Holland, who writes the paper's regular HOA column. An editor's note says attorney Adam H. Clarkson wrote this week's column as a guest.

Why It Matters to Las Vegas Residents

To see why this matters, you need to know how Nevada HOA fines work today. Under NRS 116.31031, when a violation does not pose an imminent threat to health, safety or welfare, the fine must fit the severity of the violation and cannot be more than $100 per violation or $1,000 total per hearing. That cap covers most everyday issues, like trash cans left out or a yard that needs work.

When a violation does pose that kind of threat, the law is different. The fine still has to be in line with how serious the violation is, but the $100 and $1,000 caps do not apply. The law tells the commission to write the rules that decide which violations fall into that category. That is exactly what these new regulations do.

So the definition is a big deal. A clear definition helps both sides. Owners get a clearer picture of what can trigger a larger fine. Boards get clearer guidance, which can cut down on arguments and lawsuits over whether a fine was fair. The items on the list, such as willful property damage and health code violations, are serious problems, not small rule slips.

The law also matters for renters and guests. Under NRS 116.31031, an owner usually cannot be fined for a guest's violation unless the owner took part in it, approved it, had prior notice or had a chance to stop it and did not. That protection does not apply when a violation is an imminent health or safety threat. If you rent out a home in an HOA, or often have guests, that is worth knowing.

The other changes touch daily life, too. More mediation help means a cheaper path to settle a fight with your board. Records rules mean your HOA's files should follow it when it switches management companies. And reserve study rules affect how much your HOA saves, which affects your dues and your risk of a surprise special assessment.

Your Rights Before an HOA Can Fine You

Whatever the new rules end up saying about health and safety, Nevada law already gives owners a set of protections before any fine. These come straight from NRS 116.31031, and they are worth knowing whether or not you ever get a violation letter.

A notice to cure. A board can send a written notice asking you to fix a problem without a fine. That notice must explain the rule, describe the violation and the fix in detail, include a clear photo when the issue can be photographed, and give you a reasonable chance to fix it first.
A published fine schedule. If your HOA has a policy of fining for violations, it must mail every owner a schedule of the fines that may be imposed.
A hearing. The board must hold a hearing before it fines you, unless you pay first, waive the hearing in writing or do not show up after proper notice. The hearing has to be scheduled so you have a fair chance to prepare and attend.
Hearing committees. If the governing documents allow it, the board can name a committee of at least three people to hold hearings and set fines. That committee has the same duties as the board.
Limits on penalties. A board can suspend voting rights or use of common areas for a reasonable time, but it cannot block you from getting to and from your home, including parking.
Delivery and service drivers. An owner cannot be fined for a vehicle violation committed by someone delivering goods or doing work for the owner.
Stronger rules win. The law sets the minimum steps a board must follow. If your HOA's own documents give owners more protection, those protections still apply.

None of these rights go away under the new regulations. What changes is the clarity around one category of violations: the serious ones that can carry larger fines.

The Other Changes, Explained

Records when management changes. Many Las Vegas HOAs hire a management company to run the day-to-day work. When that contract ends, the HOA's files, such as financial records, contracts and owner accounts, need to move to the next manager. The new rules address how those records get transferred, which helps prevent gaps when a community changes managers.

Reserve study wording. A reserve study is a planning report. It lists the big parts of a community that will wear out, such as roofs, pavement, pool equipment and walls, and estimates how much money the HOA should set aside to replace them. Clearer wording helps boards and owners read these reports the same way.

Complaint investigations. The Real Estate Division handles complaints involving HOA boards and community managers. The new rules make changes to how those investigations work.

Background and History

Nevada HOAs are governed by NRS Chapter 116, a long state law that covers everything from elections to fines to foreclosure. Over the years, the Legislature has added more protections for owners. The fine section alone sets out several steps a board must follow before it can fine anyone.

Here are a few of those steps from NRS 116.31031. An owner must get written notice of the rule at least 30 days before the alleged violation. The owner must then get written notice of the violation that explains it in detail, lists the fine amount and sets a hearing date. If the issue is something that can be photographed, the notice must include a clear photo. The owner gets a reasonable chance to fix the problem or contest it at a hearing. A board member who is behind on their own dues cannot vote on a fine.

The law also covers continuing violations. If a fine is imposed and the problem is not fixed within 14 days, the board can add a new fine for each 7-day period it stays unfixed. Those later fines do not need a new hearing, and they are not limited by the per-violation caps. Past-due fines cannot earn interest, though. And if you ask, the HOA must send you a statement of what you still owe within 60 days of a payment.

The phrase "imminent threat of causing a substantial adverse effect on the health, safety or welfare" has been in the law for a long time. What the commission has now done is fill in the details. We have covered several other HOA rule changes in recent months, including rules on ATVs and cyber insurance, a surprise $6,800 water repair bill and fines over decorative grass. This package fits that same trend: the state is filling in gaps that used to leave owners and boards guessing.

A view over Spring Valley, Nevada, from the Spanish Hills community, where many homes sit inside HOAs governed by NRS Chapter 116

What Happens Next

The commission has adopted the rules, but they are not law yet. Next, the Legislative Counsel Bureau has to review and approve them. The bureau is the Nevada Legislature's nonpartisan staff agency. After approval, the regulations take effect once they are filed with the Nevada Secretary of State.

No firm effective date has been announced. Until the rules are filed, HOA boards should keep working under the current law and their own governing documents. Once the rules take effect, expect many HOAs to review their fine schedules and enforcement policies. Under NRS 116.31031, any HOA that adopts a fine policy must mail every owner a schedule of the fines that may be imposed. If your HOA updates its schedule because of these rules, you should get a copy in the mail.

It is also worth watching how boards use the new option to consult professionals. Bringing in an expert can make a fine more fair and easier to defend. It can also add cost, and in an HOA, costs are ultimately paid by the owners through dues.

Common Questions

Does this mean my HOA can now fine me more? Not for everyday issues. Fines for violations that are not an imminent health or safety threat are still capped at $100 per violation or $1,000 total per hearing under NRS 116.31031. The new rules define which violations fall into the higher category.

Are the rules in effect now? No. They were adopted by the commission on Sept. 9, but they still need Legislative Counsel Bureau approval and take effect only after they are filed with the Secretary of State.

Do these rules apply to condos and townhomes too? NRS Chapter 116 covers common-interest communities, which include most HOAs for single-family neighborhoods, townhome communities and condos in Nevada. Check your own governing documents to confirm how your community is set up.

What if I think a fine is unfair? Use your right to a hearing. Bring photos, records and any proof that you fixed the problem. If that does not settle it, mediation through the state's program is another option, and the new rules would increase the subsidy for it.

Will this change my dues? Not directly. But the reserve study changes and the option for boards to consult professionals can both affect HOA spending over time, and HOA spending is paid for through dues.

Ryan's Take

I work with HOA homes almost every week, from townhomes in the southwest valley to big master-planned communities in Summerlin and Henderson. The most common HOA problems I see are not dramatic. They are paperwork problems: a buyer did not read the rules, a seller has an open violation nobody mentioned, or a reserve fund is running low and a special assessment is coming. These new rules will not change most of that. What they do is put clearer guardrails around the most serious cases, which is good for everyone.

For buyers, my advice is the same as always. Read the resale package. Look at the reserve study, the budget and any open violations on the home. For owners, if you get a violation notice, do not ignore it. Nevada law gives you real rights, including notice, a photo and a hearing, but those rights only help you if you use them.

What You Can Do

If you live in an HOA, start by finding your governing documents and your HOA's current fine schedule. Many HOAs post them on a resident portal. Read the rules that could be most costly, such as those about property damage, safety and common areas. If something on your property could be seen as a safety issue, fix it now, before it becomes a fine.

If you are in a dispute with your board, look into mediation. The new rules expand the subsidy for the state's mediation program, which can make it more affordable to settle things without a lawsuit. The Nevada Real Estate Division also handles complaints about HOA boards and managers, and it has an office that helps homeowners understand their rights.

If you are buying a home in an HOA, ask questions early. What are the dues? How healthy is the reserve fund? Are there any open violations or planned special assessments? A good look at the HOA can save you from surprises after closing.