HOA Liens and Foreclosure in Nevada
Whether a homeowners or condo association can foreclose on its lien for unpaid dues in Nevada, and the limits.
Short answer: Yes. A homeowners or condominium association has a lien for assessments, fines and certain charges, and it may foreclose its lien by sale. Nev. Rev. Stat. §§ 116.3116, 116.31162
| HOA liens and foreclosure | Yes. A homeowners or condominium association has a lien for assessments, fines and certain charges, and it may foreclose its lien by sale. Part of the lien (up to 9 months of regular budget-based assessments, certain maintenance charges, and capped collection costs) has priority even over a first mortgage. Before selling, the association must mail a notice of delinquent assessment, wait at least 30 days, record a notice of default and election to sell (with a bold warning that the owner could lose the home), and give the owner 90 days after recording to pay. An association generally may not foreclose based only on fines or penalties for violating its rules unless the violation threatens health, safety or welfare or involves certain other conditions, and it may not proceed while the unit is in the state foreclosure mediation program unless conditions are met. |
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More Nevada foreclosure & homeowner law
- How Foreclosure Works in Nevada
- Redemption and Deficiency Judgments in Nevada
- Getting Your Home Back After a Tax Sale in Nevada
- All Nevada foreclosure & homeowner law rules
FAQ
Can an HOA foreclose on your home in Nevada?
Yes. A homeowners or condominium association has a lien for assessments, fines and certain charges, and it may foreclose its lien by sale. Part of the lien (up to 9 months of regular budget-based assessments, certain maintenance charges, and capped collection costs) has priority even over a first mortgage. Before selling, the association must mail a notice of delinquent assessment, wait at least 30 days, record a notice of default and election to sell (with a bold warning that the owner could lose the home), and give the owner 90 days after recording to pay. An association generally may not foreclose based only on fines or penalties for violating its rules unless the violation threatens health, safety or welfare or involves certain other conditions, and it may not proceed while the unit is in the state foreclosure mediation program unless conditions are met.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.