What it looks like
- A new rule appeared that is not based on anything in the CC&Rs
- The board is regulating conduct on public streets
- A rule requires you to make an improvement the CC&Rs do not require
- The board treats a guideline or a newsletter notice as if it were a recorded restriction
- The rule is so vague you could not tell what was required
What Nevada law says
An association may adopt rules only subject to the declaration (NRS 116.3102), and the board cannot amend the declaration on its own (NRS 116.3103). Under NRS 116.31065, a rule must be reasonably related to its purpose, sufficiently explicit to tell a person what is required, consistent with the governing documents, and uniformly enforced. A rule must not arbitrarily restrict conduct, must not require an improvement the governing documents do not require, and must not be adopted to evade an obligation of the association.
Streets are a common example. In a community that is not gated or access-controlled, an association generally may not regulate a street that has been accepted for public use, apart from reasonable rules on parking or storing recreational vehicles, trailers, watercraft, and commercial vehicles (NRS 116.350). Whether a rule on a private or gated street is valid depends on what the governing documents authorize.
The facts that matter
These are the questions that decide whether there is a practical path forward.
- The exact text of the rule, and when and how it was adopted
- The section of the CC&Rs the board relies on for authority, if any
- Whether the rule conflicts with anything in the CC&Rs
- Whether the street or area involved is public or private
- Whether you were given notice of the rule before it was enforced
Documents to gather
- The complete CC&Rs with all recorded amendments
- The rules and regulations, with adoption dates
- Board meeting minutes from when the rule was adopted
- The notice citing the rule
- For streets, the recorded plat or a statement from the city or county
See our guide to getting your governing documents.
Options that usually fit
Demand, state filing, and mediation
Our core fixed-fee service: file review, a demand to the association, the state filing, and mediation.
State mediation and the referee program
The step Nevada requires before most HOA lawsuits. What it is, what it costs, and what follows.
Violation hearings
Your rights at the hearing before a fine, and how to prepare.
Court
For disputes that were not resolved at mediation and are strong on the documents.
Common questions
Can my HOA enforce speed limits or parking rules?
It depends on the street and the documents. On public streets in a community that is not gated, an association generally cannot regulate the street, apart from limited parking and storage rules for recreational and commercial vehicles. On private streets, the question is what the governing documents authorize.
Is a rule valid just because the board voted for it?
No. A rule must be consistent with the declaration and within the authority it grants, and must meet the standards in NRS 116.31065. A board vote does not cure a rule the board had no power to adopt.
This page is general information about Nevada law, not legal advice. Every dispute turns on its own facts and documents.