Mediation comes first
For most disputes about governing documents, a lawsuit cannot be filed until the dispute has been through the state's mediation or referee process (NRS 38.310). The complaint filed in court must include a sworn statement that this was done. See state mediation.
What the law allows
NRS 116.4117 allows a civil action for damages or other appropriate relief when a person fails to comply with the HOA statute or the governing documents. An owner may sue the association. Claims against a community manager have additional requirements. Punitive damages are limited and are not available against the association, or against board members and officers acting in their official capacity.
Attorney fees can go either way
The court may award reasonable attorney fees to the prevailing party. That is discretionary, and it applies to whichever side wins. An owner who loses can be ordered to pay the association's fees. This is the main reason we look hard at the documents before recommending a lawsuit.
Deadlines
Deadlines vary with the type of claim. A complaint to the Division must be filed within one year of discovering the violation. Court claims have their own limitation periods, some as short as two or three years. Filing a mediation claim pauses the clock while that process runs. Send us your dates and we will tell you which deadlines are in play.
Small claims court
Small claims court handles money claims up to $10,000. The mediation requirement in NRS 38.310 applies to actions in any court, so a small claims case that depends on the governing documents may still need to go through the state process first.
Fees
Litigation is a separate engagement from our fixed-fee service, handled on a retainer and hourly basis under its own written agreement. We take these matters when mediation has shown that the position is sound and the stakes justify it.
This page is general information about Nevada law, not legal advice. Every dispute turns on its own facts and documents.