What it covers
The Division's authority is over violations of NRS Chapter 116 and its regulations (NRS 116.745). Typical subjects are refused records, improper meetings or elections, fines imposed without the required procedure, budget and reserve study failures, conflicts of interest, and retaliation. The most frequent allegations in recent Ombudsman reports involve records, board meetings, and fiduciary duty.
It is not the place for a dispute that is only about what your CC&Rs mean. Those go to mediation.
The steps
- Written notice first. Before filing, you must send the association or person involved a written notice by certified mail, return receipt requested. It must specify the alleged violation, any actual damages, and the corrective action you propose (NRS 116.760).
- Give them a reasonable opportunity to correct it. The Division's form requires at least 10 business days.
- File the affidavit. It is a notarized form with your evidence attached, filed with the Division by mail or in person. Each allegation must match what was in your certified notice.
- The Ombudsman's review. The Ombudsman tries to help the parties resolve it. If that fails, the Division may investigate.
- Possible hearing. If the Division finds good cause, the matter can be brought before the Commission for Common-Interest Communities and Condominium Hotels.
The deadline
The affidavit must be filed within one year after you discovered, or reasonably should have discovered, the violation.
What the state can do
The Commission can order an association or person to stop violating the law and to take corrective action, impose administrative fines of up to $5,000 per violation, require an audit, and in serious cases remove a board member (NRS 116.785). Fines are paid to the state.
What it cannot do
It does not award money damages to the owner, and it does not decide disputes about the meaning of the governing documents. If you are looking to recover money, this process alone will not do that.
Accuracy matters. The affidavit is sworn. Nevada law provides penalties for knowingly false or fraudulent filings. File only what you can support with documents.
How we help
The certified notice is the foundation, because the affidavit can only raise what the notice raised. In our fixed-fee service, the firm's demand letter is written to serve as that notice, and we prepare the affidavit and exhibits if the association does not correct the problem. See demand, state filing, and mediation.
The Ombudsman's office: 3300 W. Sahara Avenue, Las Vegas, NV 89102, (702) 486-4480, toll-free (877) 829-9907.
This page is general information about Nevada law, not legal advice. Every dispute turns on its own facts and documents.