Nev. Rev. Stat. § 116.1104
Provisions of chapter may not be varied by agreement, waived or evaded; exceptions
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NRS 116.1104 Provisions of chapter may not be varied by agreement, waived or
evaded; exceptions. Except as
expressly provided in this chapter, its provisions may not be varied by
agreement, and rights conferred by it may not be waived. Except as otherwise provided
in paragraph (b) of subsection 2 of NRS
116.12075, a declarant may not act under a power of attorney, or use any
other device, to evade the limitations or prohibitions of this chapter or the
declaration.
(Added to NRS by 1991, 539; A 2011, 2417)
Notes of Decisions
Cited in 56
cases (6 in the last 5 years), 2013–2023 · leading case: U.S. Bank v. Sfr Investments Pool 1, LLC
U.S. Bank v. Sfr Investments Pool 1, LLC (2021)
“3116 (2), which required liens for unpaid assessments to have superpriority status, and Nev. Rev. Stat. § 116.1104 , which provided that the priorities cannot be modified by agreement.”
VEGAS UNITED INV. SERIES 105, INC. VS. CELTIC BANK CORP. (2019)
“3116(2)s superpriority provision, that decision rested on both the application of NRS 116.1104, which precluded any contractual provision from curtailing the application of NRS Chapter 116, and the applicability of the entirety of NRS Chapter 116 to residential CICs.”
7912 Limbwood Court Trust v. Wells Fargo Bank, N.A. (2013)
“” Nev.Rev.Stat. § 116.1104. Nothing in § 116.”
Bourne Valley Court Trust v. Wells Fargo Bank, N.A. (2015)
“(quoting Nev.Rev.Stat. § 116.1104) (emphasis omitted).”
Aliante Master Ass'n v. Prem Deferred Tr. (2018)
“3116(2) based on the non-waiver provision of NRS 116.1104; (3) the district court erred in concluding Aliante violated NRS 116.”
Bank of Am., N.A. v. Hollow De Oro Homeowners Ass'n (2018)
“22, 2017) (discussing the legal impact of NRS 116.1104 on declarations regarding lien priority made in CC & Rs and noting that the HOA in ZYZZX2 also sent out misleading mailings).”
Pennymac Corp. v. Sfr Inv.'s Pool 1, LLC (2018)
“2 In this, appellant argues that an HOA can elect to proceed on only the subpriority piece of its lien without offending NRS 116.1104, which states that the rights provided to an HOA in NRS Chapter 116 cannot be waived or varied by agreement.”
Bank of America, N.A. v. Diamond Point Homeowners Association (2019)
“First, SFR argues that NRS 116.1104 and 116.1108 make BANA’s tender invalid.”
Jpmorgan Chase Bank, N.A. v. Sfr Inv.'s Pool 1, LLC (2018)
“4 In particular, we must presume that any such bidders also were aware of NRS 116.1104. See Smith v. State, 38 Nev.”
Nationstar Mortg., LLC v. Melvin Grp., LLC (2018)
“1 In this, appellants argue that an HOA can elect to proceed on only the subpriority piece of its lien without offending NRS 116.1104, which states that the rights provided to an HOA in NRS Chapter 116 cannot be waived or varied by agreement.”
Carrington Mortg. Holdings, LLC v. Steijum Holdings, LLC (2019)
“According to appellant, this provision constituted an "election of remedies" wherein Sunset Greens chose to foreclose on only the subpriority portion of its liens and that this choice did not violate NRS 116.1104. Cf. SFR Invs. Pool 1, LLC v.”
Wells Fargo Bank, N.A. Vs. Gabriel (2019)
“If so, we are not persuaded that an HONs "promise to never exercise its superpriority lien rights can be logically distinguished from a "waiver" of those rights that is prohibited by NRS 116.1104. See SFR Invs. Pool 1, LLC v.”
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