I was recently contacted by a Las Vegas Real Estate Agent regarding a tenant they had placed on a property. The agent stated that their tenant received a note on the door stating the owner had not paid the HOA in quite some time and owed nearly $700.00. The agent said there was not a sale date at the time and asked me if the HOA has to follow the same foreclosure laws in the state of Nevada as everyone else and also noted that the owner was not communicating with the tenant as one might imagine in this case.
When HOA dues are not paid, there is a specific set of rules for the HOA to conduct a foreclosure. These rules, contained in NRS 116.3116-116.31168, are different from the foreclosure rules on deeds of trust. You need to look at the County Recorder’s website to see if the HOA or its agent has recorded a Notice of Breach or Default against the owner. You also need to find out whose responsibility it was, under the lease agreement, to pay the HOA dues. If a foreclosure takes place, your tenant could be evicted.
Drizin Law is providing this information for educational purposes only. It should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. This information is based on general principles of Nevada law at the time it was created and you should be aware laws frequently change. Moreover, the laws affecting you may differ depending on the circumstances. You should consult with a qualified attorney in your own state or jurisdiction concerning your particular situation. Review of this information does not create an attorney-client relationship.