Do Nevada HOAs Have to Register as a Corporation

By law homeowners’ associations (HOAs) in the State of Nevada must register as corporations. Nearly all are non-profits, so in those cases, they also have to abide by state and federal not-for-profit laws. Because HOAs are involved in real estate, they are overseen by the Nevada Real Estate Division (NRED). It has an office in the greater Las Vegas area at 3300 West Sahara Avenue, Suite #350, Las Vegas, 89102. The phone number over there is 702.486-4033.

HOAs are primarily designed to protect the property values of their communities, to provide for the maintenance and repair of common areas and amenities within them, and some offer a basic level of safety and security. They sometimes fund the addition of amenities, and most recently in Clark County, coming into compliance with new laws concerning water conservation and the push to abandon lush lawns in favor of “water-smart landscaping.”

Additionally, HOAs fashion and enforce rules and regulations to maintain the uniformity of their communities. These rules can cover what alterations can be made to the buildings, landscaping, and fencing or can address conduct within the community.  For example, they oversee things like the color palette choices for exterior painting, types of acceptable plants for yards, solar installations on roofs and grounds, and the types and the number of vehicles that can be parked on the property. These rules will also include restrictions that might address operating certain types of businesses out of homes, placement of satellite dishes, or the banning of exposed antennas. Expect each community to have slightly different outlooks that depend upon where they are located, the cost of the average homes, what and how many amenities exist, and what safety and security measures are in place. For example, the HOA CC&Rs for Spanish Trails in Las Vegas proper with over 1,200 homes and a median listed price of around $900,000, and 11 neighborhoods will be quite different from the ones for the Pinnacle in Henderson which has fewer homes and a lower average price point.

HOAs can be extremely powerful and can assess property owners for costs, fine them for violations, levy liens for nonpayment, and even foreclose for the non-payment of assessments.

Because of these significant powers, the Nevada Real Estate Division (NRED) monitors HOAs and attempts to stay ahead of them.  For example, since 2021 the NRED has been working to refine and redefine legal language regarding health, safety, welfare, and negligence where it pertains to oversight by HOAs.

Explosions in technology and changes in how and where people work and reside are likewise driving significant changes in HOA oversight.

Your HOA needs to stay abreast of changes that are likely to affect it in the very near future. Expect changes in “green standards” for new buildings, constraints on social media postings, affordable housing issues, electric vehicle charging stations, and even balconies and roof extensions here in southern Nevada and elsewhere around the state.

The best safeguard for your HOA is an experienced, battle-tested HOA specialist attorney like Troy Isaacson. Troy has been assisting HOAs, homeowners, and real estate developers for over 25 years. His familiarity with legality and the various scenarios that come up is priceless. And his advocacy success is fabulous. Check this out: isaacsonlawlvcaseresults. For more information, go to https://isaacsonlawlv.com or call 702.529-2559.

Leave your comment

Please enter your name.
Please enter comment.