When it is required
Under NRS 38.310, no civil action may be started in any Nevada court on a claim relating to the interpretation, application, or enforcement of covenants, conditions, or restrictions, or of an association's bylaws, rules, or regulations, or relating to the procedures for changing assessments, unless the claim was first submitted to mediation or, if both sides agree, to the referee program. A court must dismiss an action that skipped this step. You must also use any internal dispute procedures in your governing documents first.
There are narrow exceptions, including actions for an injunction where there is an immediate threat of irreparable harm.
How mediation works
- File the claim. A written claim is filed with the Division on its form, with a $50 fee.
- Serve the association. The claim must be formally served on the other side. The claimant cannot do this personally.
- The response. The other side has 30 days to respond.
- A mediator is selected from the Division's list, by agreement or by appointment.
- The mediation. It is limited to three hours unless both sides agree to continue. The mediator's fee for those three hours may not exceed $500, which the Division's materials say is shared by the parties.
- Agreement or not. If the parties agree, the terms are put in writing and are enforceable. If not, either side may then go to court.
The law calls for mediation to be completed within 60 days after the claim is filed unless the parties agree otherwise.
The referee program
If both sides agree, the dispute can go to a referee instead. A referee is an attorney who hears both sides and issues a written decision. The Division describes monetary awards in this program as limited to $7,500, and a referee cannot award attorney fees. Either side may still file a lawsuit within 60 days after the decision.
Deadlines are paused
Filing the claim pauses the statute of limitations on the dispute until the process ends (NRS 38.350). That does not extend a deadline that has already passed, so do not wait.
How this differs from a complaint to the Division
| Mediation claim | Division complaint | |
|---|---|---|
| What it covers | Disputes over what the governing documents mean and how they are enforced | Violations of the HOA statute and regulations |
| Who decides | No one. A mediator helps the parties negotiate | The Division, and potentially the Commission |
| Possible result for you | A negotiated agreement, or the right to go to court | Orders requiring the association to comply. No money damages |
| Required before a lawsuit | Yes | No |
See complaints to the Real Estate Division.
Can you do this yourself?
Yes. The forms and instructions are on the Real Estate Division's website, and the Ombudsman's office can answer questions about the process at (702) 486-4480. Owners with smaller disputes often handle it themselves. Our fixed-fee service exists for owners who want the claim prepared, the position argued on the documents, and an attorney at the table.
The Division has discussed changes to this program. The steps above reflect the law as of October 2026.
This page is general information about Nevada law, not legal advice. Every dispute turns on its own facts and documents.