Rules and deadlines for HOA boards to follow

Rules and deadlines for HOA boards to follow

Summary

This column, the final piece in a four-part series from the Nevada Real Estate Division (NRED), summarises key rules and statutory deadlines HOA boards and managers must follow under Nevada law. It highlights specific statutory sections and practical steps: the prohibition on sending collection notices to certain public employees during a federal shutdown (NRS 116.311627), abatement procedures for single-family and multi-unit dwellings (NRS 116.310312), requirements for notices of default and election to sell (NRS 116.31162(1)(B)), and detailed notice-of-sale procedures (NRS 116.311635).

The article stresses associations must make a good-faith effort to verify whether an owner is entitled to protections and to review operating procedures for compliance with NRED guidance.

Key Points

  • Federal shutdown rule: associations cannot send pre-collection, intent-to-lien or other collection notices to federal, tribal or state workers (or related household members) under NRS 116.311627; associations must verify eligibility for this protection.
  • Abatement (single-family) — NRS 116.310312: after discovering an exterior nuisance, the association must provide written notice and a hearing opportunity; if the owner refuses, the association may remove or abate the nuisance when it threatens health, safety or causes blight.
  • Abatement in horizontally/vertically divided buildings (condos/townhouses) — NRS 116.310312(4): after notice and hearing, if a vacant unit has a water/sewage leak the association may enter to stop damage and remove contaminated materials to protect health and common elements.
  • Notice of default and election to sell — NRS 116.31162(1)(B): the recorded notice must itemise the deficiency, list lien amounts (including portion prior to any security interest), and be signed by the designated person or, if none, the president.
  • Notice of sale — NRS 116.311635: requires recording, 20 days consecutive public posting in the county, publication once weekly for three weeks in a local paper, certified-mailing copies before first publication, and personal service or conspicuous posting at the unit; the notice must state the amount needed to satisfy the lien and include the statutory warning.
  • Practical reminder: this guidance is provided with NRED permission; managers and boards should audit policies and procedures to ensure statutory compliance.

Context and relevance

The column is aimed at Nevada HOA boards, managers and legal advisers. In recent years NRED oversight has increased and statutes around collections and abatement are being closely scrutinised. Missteps — especially around improper notice or collections affecting protected employees during a federal shutdown — can lead to legal exposure and member complaints. The details here map legal text to operational actions (notice wording, timelines, record-keeping and service methods) that boards must follow to avoid disputes and enforcement.

Author

Punchy take: Barbara Holland, CPM, CMCA, AMS — an author and expert on HOA management — lays out the must-follow statutes and procedural steps. If you sit on a board or manage a community, this is straight-to-the-point, practical guidance you shouldn’t skip.

Why should I read this?

Short version: if you’re on an HOA board or manage one, read this now — it saves you from making costly mistakes. It tells you exactly what notices to send (and when not to), how to handle abatement safely, and the formal steps for foreclosure-related notices. Handy, quick and directly actionable.

Source

Source: https://www.reviewjournal.com/homes/homes-columns/barbara-holland/rules-and-deadlines-for-hoa-boards-to-follow-3486173/