I was recently contacted by a Las Vegas Real Estate Agent regarding a tenant they had placed in 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.
Every situation is different and you cannot necessarily apply this solution to every circumstance, however if you find yourself or your tenants in this type of situation please contact one of our knowledgeable Las Vegas Real Estate Attorneys at firstname.lastname@example.org.
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