What it looks like
- A leaking common roof or wall is damaging your unit
- Landscaping, walls, or private streets are deteriorating
- Repairs are promised and never scheduled
- The association says the repair is your responsibility
- Reserves are underfunded and work is deferred
What Nevada law says
Under NRS 116.3107, the association is responsible for maintaining, repairing, and replacing the common elements, and each owner is responsible for the unit, except to the extent the declaration provides otherwise. That exception matters. In many communities the declaration shifts particular items, such as exclusive-use areas, to the owner.
The board must also plan for these costs. Nevada requires a reserve study at least every five years, with an annual review (NRS 116.31152). Board members are fiduciaries who must act on an informed basis and in good faith (NRS 116.3103), though courts give boards latitude in deciding how and when to make repairs.
The facts that matter
These are the questions that decide whether there is a practical path forward.
- What exactly needs repair, and where it is
- Whether the declaration makes it a common element, a limited common element, or part of your unit
- When and how you reported it
- What damage it has caused to your property
- What the reserve study says about that component
Documents to gather
- The CC&R sections defining units, common elements, and maintenance duties
- Your written repair requests and the responses
- Dated photographs
- A contractor or inspector report on the cause
- The current reserve study and budget
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.
Complaint to the Real Estate Division
For violations of the HOA statute itself: records, meetings, elections, fine procedure, board conduct.
Court
For disputes that were not resolved at mediation and are strong on the documents.
Common questions
Who pays when a common area problem damages my unit?
It depends on the cause, the declaration, and the insurance provisions. Document the damage, notify the association in writing immediately, and notify your own insurer. Responsibility is often shared or disputed.
This page is general information about Nevada law, not legal advice. Every dispute turns on its own facts and documents.