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