Your options

Violation hearings before the board.

Before an association can fine you, it must offer a hearing. It is your first and best chance to stop a fine, and the record you make there matters for everything that follows.

Your rights at the hearing

Under NRS 116.31031 and 116.31085, a person facing a fine is entitled to:

  • written notice of the hearing date, time, and place, with a reasonable opportunity to prepare and attend;
  • attend the entire hearing, including the presentation of evidence and testimony, though not the board's deliberations;
  • due process, including the right to counsel, the right to present witnesses, and the right to present information about any conflict of interest of a member of the hearing panel;
  • an open hearing, if you request one in writing. Otherwise the hearing is held in closed session;
  • written notice of the decision within a reasonable time.

A board member who is behind on assessments may not take part in the hearing.

How to prepare

  1. Respond in writing before the hearing. Say whether you will attend and whether you want the hearing open.
  2. Read the provision cited. See how to read your CC&Rs.
  3. Check the notice against the legal requirements: the detail, the proposed cure, the fine amount, and the photograph.
  4. Bring documents, not arguments. Photographs, dates, the relevant pages, and comparable examples.
  5. Keep it short. State your position, hand over copies, and ask that they be included in the record.
  6. Follow up in writing the next day, summarizing what you presented.

If you already corrected the problem

Say so, with dated photographs. The law requires a reasonable opportunity to cure, and many boards will close a matter that has been fixed.

If you missed the hearing

A fine can be imposed if you do not appear after proper notice. Whether the notice was proper is still a question worth examining. Write to the board promptly and ask for the decision and the basis for it.

How we help

Our free hearing response letter builder prepares a written response and request for an open hearing. If you want an attorney to appear with you at a hearing, that is handled on an hourly basis under a written agreement.

This page is general information about Nevada law, not legal advice. Every dispute turns on its own facts and documents.

Free case review

Send us the notice and the documents. We will tell you where you stand.

Tell us the facts once, in writing, and attach your governing documents. We review them before anyone gets on the phone, so the conversation is about your options.