The short version
An HOA board in Nevada can fine you - but only under rules that were properly adopted, only after written notice and a chance to be heard, and only up to the caps in NRS 116.31031.
Step by step
- Notice. Before a fine is imposed you must receive written notice that describes the alleged violation, cites the rule, and tells you when and how a hearing will be held. You must be given a reasonable time to cure a curable violation.
- Hearing. You may appear, bring documents, and respond. Ask for the hearing in writing and keep a copy.
- Amount. Ordinary violations are capped per violation, and there is a cumulative cap. Violations that pose an imminent and substantial threat to health, safety or welfare (“HSW”) carry a higher cap - but that phrase has a specific definition in NAC 116, and it’s a high bar. An open garage door is not an HSW violation. A rule that says “any violation may be treated as HSW” does not make it so.
- Continuing violations. For a violation that continues after notice, additional fines may accrue - but only after a second notice and opportunity to cure.
- Delivery vehicles. The statute contains a specific carve-out: an association can’t fine an owner for a violation committed by a delivery or service vehicle the owner did not control.
- Uniformity. Fines have to be applied uniformly. If the same rule isn’t enforced against similar lots, say so at the hearing.
What to do if you get a notice
- Respond in writing before the deadline; request the hearing.
- Ask for: the rule cited, the evidence (photo, log, speed reading and how it was measured), and the notice records showing others have been cited for the same rule.
- Attend the hearing. Bring your documentation. Be calm and specific.
- If a fine is imposed that you believe violates the statute, you can file a complaint with the Ombudsman.
Read the statute
- NRS 116.31031 - fines: caps, notice, hearing, HSW, delivery vehicles.
- NAC Chapter 116 - regulations, including the HSW definition.