Key Takeaways
- Part of the lien outranks your mortgage: up to 9 months of assessments, plus certain maintenance charges and capped costs (NRS 116.3116).
- No court is required: the association forecloses by sale after a series of mailed and recorded notices.
- A fine alone cannot force a sale, except for an imminent safety threat or a missed construction schedule.
- The former owner can redeem: a 60-day right of redemption follows the sale.
- A sale with the lien paid at closing ends it: paying the association's statement of demand is full payment.
An HOA lien in Las Vegas, Nevada, carries more weight than an ordinary unpaid bill. An owner who is behind on dues needs three facts. Part of the lien ranks ahead of the mortgage. The association can foreclose without a court. And a sale that pays the lien at closing ends it.
These rules come from Chapter 116 of the Nevada Revised Statutes and apply statewide, from Summerlin to condominiums across the Las Vegas Valley. Propcash buys houses for cash in Las Vegas and across Nevada, and this guide follows the statute text for owners deciding what to do next.
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Let's chatWhat Is the HOA Superpriority Lien in Las Vegas?
The superpriority lien is the slice of a Nevada association's lien that ranks ahead of a first deed of trust, even one recorded before the dues fell behind. Every association has a lien on a unit for assessments and fines from the day each comes due (NRS 116.3116). Recording the declaration perfects it, so no separate claim of lien is needed.
The bulk of the lien sits behind the mortgage. Under NRS 116.3116(3), only three items come ahead of it:
- Up to 9 months of budget-based assessments, counted back from the date the notice of default is recorded
- Exterior maintenance and nuisance-abatement charges under NRS 116.310312
- Enforcement costs, limited to actual cost and five listed amounts totaling $1,380
If Fannie Mae or Freddie Mac regulations require a shorter priority period, the shorter period controls, with a floor of 6 months. The lien is extinguished unless the association records a notice of default or sues within 3 years after the full amount comes due (NRS 116.3116(10)).
Nevada had an estimated 3,800 community associations covering about 502,000 housing units (Foundation for Community Association Research, 2024 Statistical Review, May 2025). The review gives no Las Vegas figure. Master-planned tracts such as Centennial Hills carry associations, while Huntridge and the Historic Westside generally do not.
What a Las Vegas HOA Lien Includes, and What Comes First
A Las Vegas HOA lien can include far more than missed dues, but only three kinds of charges reach the superpriority slice.
| Charge | In the lien? | Superpriority? | Section |
|---|---|---|---|
| Budget-based assessments | Yes | Up to 9 months (6-month floor) | NRS 116.3116(3)(b) |
| Maintenance and nuisance-abatement charges | Yes | Yes | NRS 116.3116(3)(a) |
| Listed enforcement costs (demand letter $165, notice of delinquent assessment $325, intent letter $90, notice of default $400, one title product for the sale $400) | Yes | Yes, up to $1,380 | NRS 116.3116(5) |
| Other collection costs | Yes | No | NRS 116.310313; NAC 116.470 |
| Late charges and interest | Yes, unless the declaration says otherwise | No | NRS 116.3116(1) |
| Fines | Yes | No | NRS 116.31162(6) |
| Attorney's fees | Can be owed | Never | NRS 116.3116(5) |
Collection fees tied to a notice of delinquent assessment are capped at $2,925 in total, plus actual third-party costs such as recording and limited management and legal fees (NAC 116.470).
When a fine can lead to a sale
An association may not foreclose by sale based on a fine, with two exceptions (NRS 116.31162(6)). One is a violation posing an imminent threat to residents' health, safety, or welfare. The other is a penalty for missing a construction schedule. Other fines are capped at $100 per violation or $1,000 per hearing (NRS 116.31031), and they still appear on the resale statement.
Why the Superpriority Lien Can Wipe Out a Mortgage
A proper foreclosure of the superpriority lien can extinguish a first deed of trust, as the Nevada Supreme Court held in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev. 742 (2014). The court wrote that the statute "gives an HOA a true superpriority lien, proper foreclosure of which will extinguish a first deed of trust." It also held that the association could foreclose without a lawsuit.
Amendments in 2015 gave the lender a defined way to protect its loan. The notice of default must state the superpriority amount separately. If the lender pays that amount at least 5 days before the sale, and records proof at least 2 days before, the deed of trust survives (NRS 116.31166(1)). For an owner, the HOA file and the mortgage are linked, because copies of each notice must go to the lender (NRS 116.31163).
Can a Las Vegas HOA Foreclose Without Going to Court?
A Nevada association can foreclose its lien by sale without a lawsuit, but only after the notices and waiting periods in NRS 116.31162 through 116.311635.
| Step | Minimum timing | Statute |
|---|---|---|
| 1. Letter with fee schedule, repayment plan, and hearing right | Not earlier than 60 days past due; owner has 30 days to respond | NRS 116.31162(4) |
| 2. Notice of delinquent assessment (certified mail) | After the 30-day response window | NRS 116.31162(1)(a) |
| 3. Notice of default and election to sell (recorded) | Not less than 30 days after step 2; copies mailed within 10 days | NRS 116.31162(1)(b); 116.31163 |
| 4. Payment period | 90 days from the later of recording or mailing | NRS 116.31162(1)(c) |
| 5. Notice of sale (recorded, posted, published, served, sent to the Ombudsman) | After the 90 days; posted 20 days, published weekly for 3 weeks | NRS 116.311635 |
| 6. Foreclosure sale | After notice; owner may pay until 5 days before | NRS 116.31164; 116.31162(1)(d) |
| 7. Redemption period | 60 days after the sale | NRS 116.31166(3) |
At the statutory minimums, the steps run roughly seven and a half months from the first past-due amount to the earliest sale. The notice of default must warn in bold type: "YOU COULD LOSE YOUR HOME, EVEN IF THE AMOUNT IS IN DISPUTE." The notice of sale tells owners to call the Ombudsman's foreclosure section (NRS 116.311635).
Protections that limit the timing
Three situations limit when an association may start or finish a foreclosure:
- Servicemembers and dependents: no foreclosure may be initiated during active duty or deployment, or for 1 year after it ends (NRS 116.311625).
- Government shutdowns: for federal, tribal, and state workers, none may be initiated from the start of a shutdown until 90 days after it ends (NRS 116.311627).
- Lender foreclosure mediation: once notified of mediation under NRS 107.086, the association generally waits for the mediation certificate, as long as the owner keeps paying new assessments (NRS 116.31162(7)).
What Happens After an HOA Foreclosure Sale in Nevada?
An HOA foreclosure sale in Nevada passes title to the purchaser, subject to a 60-day right of redemption (NRS 116.31166). The former owner, or a junior recorded lienholder, may redeem by paying the purchase price plus 1 percent a month and certain costs. If no one redeems, the purchaser receives a deed without warranty, and a copy goes to the Ombudsman within 30 days.
If the former owner redeems, the sale is undone and the owner is restored to the unit, subject to the liens that existed at the sale. A certificate of redemption is then recorded with the county recorder.
Where the money goes
Sale proceeds are paid in a set order under NRS 116.31164(8):
- The reasonable expenses of the sale
- The costs of securing, holding, and maintaining the unit, including taxes, insurance, and attorney's fees the declaration allows
- The association's lien
- Junior claims of record, in order of priority
- Any excess, paid to the former owner
Insiders, including board members, the community manager, and the association's collection agency, may not buy the unit (NRS 116.31164(7)). A sale you arrange yourself pays the same lien without foreclosure costs stacked in front of your equity.
Your Options When You Are Behind on HOA Dues in Las Vegas
An owner behind on HOA dues in Las Vegas can pay, use the repayment plan or hearing, contact the state, or sell with the lien paid at closing.
- Get the number in writing. A written request for a statement of unpaid assessments must be answered within 10 business days, and the statement binds the association (NRS 116.3116(13)).
- Use the plan or hearing. The letter sent at least 60 days into a delinquency offers a repayment plan and a board hearing. Respond within 30 days.
- Pay inside the 90 days. Payment after the notice of default, and up to 5 days before a sale, removes the basis for it.
- Contact the Ombudsman. The Legislature created the Ombudsman's office in 1997 to help owners understand their rights (Nevada Real Estate Division).
- Check the mortgage. A lender's trustee's sale under NRS 107.080 runs on its own clock. See stopping foreclosure in Las Vegas.
How to Sell a House With an HOA Lien in Nevada
You can sell a house with an HOA lien in Nevada, and the lien is paid from your proceeds at closing so the buyer takes title free of it. Two documents drive that payoff under NRS 116.4109.
The resale package
Within 10 calendar days of your written request, the association must supply its documents and a certificate listing every unpaid obligation. The certificate fee is capped at $185, plus $100 for delivery within 3 business days. The buyer may cancel within 5 calendar days after receiving the package, and owes no unpaid assessment beyond what the certificate shows.
The statement of demand
The payoff figure comes from a statement of demand. You, your authorized agent, or your lender may request it, and the association must deliver it within 10 calendar days for a fee capped at $165 (NRS 116.4109(7)). It stays effective at least 15 business days. Paying it "constitutes full payment of the amount due from the selling unit's owner" (NRS 116.4109(9)).
If the association finds an error, it must send a replacement statement. Without one, the person who requested it may rely on the original. For 15 business days after a payoff request, no new collection fees may be added, other than a $240 escrow payoff demand fee (NAC 116.470(6)).
What happens at closing
The title or escrow company lists the lien on the settlement statement and pays it from your proceeds, along with the mortgage payoff. Once it is paid, the association has no unpaid lien left to enforce against the house. Anything left after those payoffs goes to you.
Where a Direct Cash Sale Fits During the Notice Period
A direct cash sale fits when the notice clock is running and a listing would need repairs, showings, and a lender's approval before the lien gets paid. The Las Vegas market also has more houses waiting for buyers than a year ago.
Las Vegas Realtors reported a five-month supply of housing in September 2026, up from about four months a year earlier. It counted 7,995 single-family houses listed without offers, up 6.6% (Las Vegas Realtors, September 2026, via FOX5 Vegas). The median condominium and townhouse sale was $290,000 (Las Vegas Realtors, September 2026). Our Las Vegas housing market 2026 report has the full picture.
Propcash is a direct cash homebuyer. We buy houses as-is, with no repairs and no showings, and sellers pay no fees or commissions. We make one transparent cash offer based on local market data and show how we got to the number.
The escrow company requests the statement of demand, and the closing follows that payoff statement, on a date you pick. If the balance is small and the house shows well, listing may net you more, and Propcash will say so. Otherwise, you can request a cash offer on your house, and the offer stands while you decide.
Why wait? Sell your house “as is” for cash today
Tell us about your house. We'll make you a cash offer based on local market data.
Let's chatFrequently Asked Questions
Can a Las Vegas HOA foreclose on a house for unpaid dues?
A Las Vegas homeowners association can foreclose its lien for unpaid assessments by sale, without going to court, under NRS 116.31162. It must first mail a notice of delinquent assessment, record a notice of default, and allow 90 days for payment. It then records and serves a notice of sale, and a 60-day right of redemption follows the sale.
How much of an HOA lien comes ahead of a mortgage in Nevada?
The superpriority slice of a Nevada HOA lien covers up to 9 months of budget-based assessments, maintenance and nuisance-abatement charges, and enforcement costs capped at $1,380. Attorney's fees are never part of it under NRS 116.3116(5). If federal mortgage-agency rules require a shorter period, the floor is 6 months of assessments.
Can a Nevada HOA foreclose on fines alone?
A Nevada association may not foreclose by sale based on a fine, except for an imminent threat to residents' health or safety or a missed construction schedule. Unpaid fines still appear on the resale statement when the house sells.
How long does an owner have to pay before an HOA foreclosure sale in Las Vegas?
An owner has 90 days after the notice of default is recorded or mailed to pay before a notice of sale can follow. Payment up to 5 days before the sale date still removes the basis for the sale under NRS 116.31162(1)(d). At the statutory minimums, the full sequence takes roughly seven and a half months from the first past-due amount.
Can you sell a house with an HOA lien in Nevada?
You can sell a house with an HOA lien in Nevada, and the lien is paid from your proceeds at closing. The association must deliver a statement of demand within 10 calendar days, and paying it counts as full payment under NRS 116.4109(9). The title or escrow company pays the lien from the proceeds so the buyer takes title free of it.
Is there a right of redemption after an HOA foreclosure sale in Nevada?
Nevada gives a 60-day right of redemption after an HOA foreclosure sale under NRS 116.31166(3). The former owner, or a junior recorded lienholder, may redeem by paying the purchase price plus 1 percent a month and certain costs. If no one redeems within 60 days, the purchaser receives a deed without warranty.
Data Sources: NRS Chapter 116; NAC 116.470; SFR Investments Pool 1 v. U.S. Bank, 130 Nev. 742 (2014); Nevada Real Estate Division; Foundation for Community Association Research; Las Vegas Realtors. Propcash is a direct cash homebuyer, not a law firm.