Nevada Legislature 83rd session (2025)- HOA related legislation
Nevada Legislator's 83nd (2025) session formally began February 3, 2025. As bills impacting HOAs are submitted and hearings on those bills are scheduled, I will provide updates. Readers can click on the underlined text on this page for more information. Clicking on bill number will take you directly to bills home on NELIS- The Nevada Legislature official website. My personal support or opposition for each bill is noted. Comments from users using the form on the HOME page are requested.
It is important owners share their views of each bill with their representatives, the committee members, and sponsors. An easy to use "opinion" button is located in the top right hand corner of each bill on the NELIS website. Use it to make your position know and/or to see what other have to say about a particular bill.
As a final note, I have constructed a list of potential remedies I see worthy of legislative action.
The following BRDs may impact HOAs: 10-639 (Sen Buck) & 738 (Asm DeLong)
last update 02/21/25
AB10
Title/Summary-Authorizes local authorities to improve/repair water or sewer systems that are owned by an HOA. Support
The bill seeks to amend NRS 271.147 "neighborhood improvement project" to include water or sewer system owned by a common-interest community (CIC). It provides a method for manipulates to step in when HOA's face issues. I would like to see the bill to clarify applicability to only HOA's post-declarant control. I also question why exemptions/special treatment for CIC water and sewer projects is being proposed as set out in Section 3, 4, 5, & 6. I am waiting answers
First hearing held Tues. 2/18/25 @ 8:00, Assembly Comm on Government Affairs. Click here to view.
Title/Summary- Revise bidding procedure for HOAs. (fromally BDR 10-818) Strongly Support
The bill seeks to end the unintended loophole used to avoid the clear intent of the statute to require competitive bids for large projects and contracts. I am working with the bill's sponsor Assemblyperson Dickman. When heard in committee, I anticipate an amendment will be introduced addressing the current minimum bid provision, "evergreen" provisions, prohibiting a declarant board from approving a contract with an entity affiliated with the declarant, and providing for greater owner transparency.
Title/Summary- Revise provisions relating to boards, commissions, councils and similar bodies. (BDR 18-301) Oppose
Of interest to HOA owners is the bill would eliminate the Common Interest Community (CIC) Task Force. The provision eliminating the Task Force would have to removed to get my support. The CIC Task Force was established to address Nevada's need for a truly independent owner advocate. Despite the deceptive name, the NRED Ombudsman’s office does not advocate for HOA reform nor advance the voice of HOA owners. Dr Sanchez, Director Nevada Department of Business and Industry, never participated in the Task Force- despite being the task force Chairperson. It met only twice in 2020 then went dormant prior to Dr Sanchez's arrival (read more here). Without offering an alternative, Dr Sanchez now endorses killing the CIC Task Force. He does so knowing owners will be left with no advocate while NRED, Nevada's sole HOA regulator, is captured by the very industry players it is tasked to regulate.
Title/Summary- Revise provisions related to an HOA dictating landscaping, collection, damages, and notice of management agreements. Support
Changes related to providing notice of management agreements and collection timelines are of particular value to all HOA owners.
Title/Summary- Enacts provisions related to electric car charging. Oppose
I believe the bill oversteps the authority the Legislature should exert over an HOA and its owners. While I personally concur with the idea a unit owner should be able to install a charging unit, I object to the bill mandating the executive board permit installation when the governing documents prohibit doing so. More importantly, the bill would authorize an association to contract for installation, a capital improvement, and maintenance of charging stations in common areas without the vote of owners. HOA's are communities governed by a contract (CC&Rs that effectively serve as the community's constitution) and a democratic principle (power of the vote). This bill ignores these core concepts. Will this set a precedent for the Legislature's next special interest bill mandating for example, HOA's contract, maintain, and assume liability for amusement parks, recycle facilities, or solar yards? Even if the action may be prohibited in the CC&Rs and can executed without an owner vote?
Title/Summary- Prohibition on imposing restrictions to the display of religious items. Support
It is unfortunate this type of bill is even necessary to stop the imposition of restrictions on what is widely recognized a right under our Constitution. Until our HOA laws that permit the type of restriction this bill seeks to specifically curb I anticipate more such bills to come. This bill addressed a symptom not the underlying cause--the false narrative advance by special interests that HOAs are nothing more than private entities in which owners knowingly and voluntarily agree to non-negotiable servitudes contained in their declaration (CC&R, contract) written by developers and lacking any real oversight or regulatory approval. While I generally support the bill I am concerned with sub-section 4- permitting recovery of attorney's fees and costs. A "violation" of NRS 116 should first be raised with the regulator, NRED (see NRS 116.750). There is a low cost and expedient system in place to address this type of violation that should not be exempted. Only after first attempting to using the administrative steps should fees and cost be recoverable. The fear of fees and cost should not be weaponized.
Title/Summary- Complaints filed are public records Support
Changes make all complaints filed with NRED and information compiled from investigations public records.
Title/Summary- Recording of meetings Strongly Support
Authorizes owners to record various meetings. I am working with the bill's sponsor Senator Buck. I anticipate an amendment will be introduced requiring owners be noticed and allowed to attend all meetings of the executive board (expect the very narrow exceptions currently identified).