What it looks like
- You were cited for something that is visible on several other homes
- Board members or their friends do the same thing without consequence
- Enforcement began right after you complained about something
- An old, ignored rule was suddenly enforced only against you
What Nevada law says
NRS 116.31065(5) provides that an association's rules must be uniformly enforced under the same or similar circumstances against all owners, and that a rule that is not so enforced may not be enforced against any owner. NRS 116.3102 gives a board some discretion about whether to pursue a particular violation, but says the board may not be arbitrary or capricious in taking enforcement action.
These provisions give owners a real argument, but not an automatic win. The other situations have to be genuinely similar, and an association may argue that it is working through violations in order, or that one past lapse does not waive the rule. If enforcement followed a good-faith complaint or a records request, the separate rule against retaliation may also apply.
The facts that matter
These are the questions that decide whether there is a practical path forward.
- The exact rule being enforced against you
- Specific other homes with the same condition, with addresses
- Whether those owners were cited, and how you know
- How long the other conditions have existed
- Anything that happened between you and the board shortly before enforcement began
Documents to gather
- Dated photographs of the comparable homes, taken from the street or common areas
- A simple list: address, condition, date photographed
- The association's anonymized violation log, which owners may review
- Your own notices and correspondence
- Meeting minutes showing how the board has handled similar issues
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.
Violation hearings
Your rights at the hearing before a fine, and how to prepare.
State mediation and the referee program
The step Nevada requires before most HOA lawsuits. What it is, what it costs, and what follows.
Common questions
How do I prove selective enforcement?
With specifics. Photograph comparable violations from public or common areas, record the addresses and dates, and request the association's general record of violations and sanctions, which Nevada law requires it to keep without names. Your own account, without documents, is rarely enough.
If others break the rule, does that mean I can too?
Not automatically. The statute says a rule that is not uniformly enforced may not be enforced, but the circumstances must be the same or similar, and an association has some discretion. It is an argument to raise with evidence, not a guarantee.
This page is general information about Nevada law, not legal advice. Every dispute turns on its own facts and documents.