Nevada HOA fine rules

"The executive board may not impose a fine pursuant to subsection 1 unless: (a) Not less than 30 days before the alleged violation, the unit's owner and, if different, the person against whom the fine will be imposed had been provided with written notice of the applicable provisions of the governing documents that form the basis of the alleged violation; and (b) Within a reasonable time after the discovery of the alleged violation, the unit's owner and, if different, the person against whom the fine will be imposed has been provided with: (1) Written notice: (I) Specifying in detail the alleged violation, the proposed action to cure the alleged violation, the amount of the fine, and the date, time and location for a hearing on the alleged violation; and (II) Providing a clear and detailed photograph of the alleged violation, if the alleged violation relates to the physical condition of the unit or the grounds of the unit or an act or a failure to act of which it is possible to obtain a photograph; and (2) A reasonable opportunity to cure the alleged violation or to contest the alleged violation at the hearing" (Nev. Rev. Stat. § 116.31031(4)). The same subsection provides that "For the purposes of this subsection, a unit's owner shall not be deemed to have received written notice unless written notice is mailed to the address of the unit and, if different, to a mailing address specified by the unit's owner." Where the association has adopted a fine policy, "the secretary or other officer specified in the bylaws shall prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit's owner, a schedule of the fines that may be imposed for those violations" (§ 116.31031(3)).

Nevada fixes no number of days for the cure period that precedes a fine. The executive board must provide "A reasonable opportunity to cure the alleged violation or to contest the alleged violation at the hearing" (Nev. Rev. Stat. § 116.31031(4)(b)(2)), and a written notice to cure issued without a fine must "Provide the unit's owner or the tenant a reasonable opportunity to cure the alleged violation before the executive board may take additional actions, including, without limitation, other remedies available pursuant to this section" (§ 116.31031(1)(c)(4)). The fixed day counts in the section run after a fine has been imposed: "If a fine is imposed pursuant to subsection 1 and the violation is not cured within 14 days, or within any longer period that may be established by the executive board, the violation shall be deemed a continuing violation. Thereafter, the executive board may impose an additional fine for the violation, in an amount that does not exceed the amount of the original fine, for each 7-day period or portion thereof that the violation is not cured" (§ 116.31031(7)).

Nev. Rev. Stat. § 116.31031(6) — "The executive board must hold a hearing before it may impose the fine, unless the fine is paid before the hearing or unless the unit's owner and, if different, the person against whom the fine will be imposed: (a) Executes a written waiver of the right to the hearing; or (b) Fails to appear at the hearing after being provided with proper notice of the hearing." Because the board must schedule and hold the hearing rather than the owner request one, the statute fixes no request window; § 116.31031(5) requires only that "The executive board must schedule the date, time and location for the hearing on the alleged violation so that the unit's owner and, if different, the person against whom the fine will be imposed is provided with a reasonable opportunity to prepare for the hearing and to be present at the hearing", and the date, time and location must appear in the written notice under § 116.31031(4)(b)(1)(I). The fixed day counts elsewhere in the section are the 30 days of advance written notice of the governing-document provisions required by § 116.31031(4)(a) and the 14-day and 7-day periods defining a continuing violation under § 116.31031(7). Under § 116.31031(8) the board "may appoint a committee, with not less than three members, to conduct hearings on alleged violations and to impose fines pursuant to this section", and under § 116.31031(9) "A member of the executive board shall not participate in any hearing or cast any vote relating to a fine imposed pursuant to subsection 1 if the member has not paid all assessments which are due to the association by the member."

"If the violation does not pose an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units' owners or residents of the common-interest community as provided in the regulations adopted by the Commission, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents, but the amount of the fine must not exceed $100 for each violation or a total amount of $1,000 per hearing against each unit's owner or tenant or invitee of the unit's owner or tenant" (Nev. Rev. Stat. § 116.31031(1)). "The limitations on the amount of the fine do not apply to any charges or costs that may be collected by the association pursuant to this section if the fine becomes past due." No dollar limit applies to a serious violation: "If the violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units' owners or residents of the common-interest community as provided in the regulations adopted by the Commission, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents." An additional fine for a continuing violation "Is not subject to any limitation on the amount of fines set forth in subsection 1 or the regulations adopted pursuant thereto" (§ 116.31031(7)(b)). "Any past due fine must not bear interest, but may include any costs incurred by the association during a civil action to enforce the payment of the past due fine" (§ 116.31031(11)).

"Except as otherwise provided in subsection 4, the executive board of an association shall, upon the written request of a unit's owner, make available the books, records and other papers of the association for review at the business office of the association or a designated business location not to exceed 60 miles from the physical location of the common-interest community and during the regular working hours of the association" (Nev. Rev. Stat. § 116.31175(1)). "The executive board shall provide a copy of any of the records described in paragraphs (a), (b) and (c) of subsection 1 to a unit's owner or the Ombudsman within 21 days after receiving a written request therefor" (§ 116.31175(2)), and "If the executive board fails to provide a copy of any of the records pursuant to subsection 2 within 21 days, the executive board must pay a penalty of $25 for each day the executive board fails to provide the records" (§ 116.31175(3)). The board "shall not require a unit's owner to pay an amount in excess of $25 per hour to review any books, records, contracts or other papers of the association" (§ 116.31175(8)). Separately, the board must maintain "a general record concerning each violation of the governing documents, other than a violation involving a failure to pay an assessment, for which the executive board has imposed a fine, a construction penalty or any other sanction"; that record must state the nature of the violation and the amount of any fine but "Must not contain the name or address of the person against whom the sanction was imposed or any other personal information which may be used to identify the person or the location of the unit, if any, that is associated with the violation" (§ 116.31175(5)).