Nev. Rev. Stat. » NRS: CHAPTER 116 - COMMON-INTEREST OWNERSHIP (UNIFORM ACT)
Nevada Revised Statutes

Nev. Rev. Stat. § 116.3116 (2026)

Liens against units for assessments

✓ current as of July 2026
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NRS 116.3116  Liens against units for assessments.

      1.  The association has a lien on a unit for any construction penalty that is imposed against the unit’s owner pursuant to NRS 116.310305, any assessment levied against that unit or any fines imposed against the unit’s owner from the time the construction penalty, assessment or fine becomes due. Unless the declaration otherwise provides, any penalties, fees, charges, late charges, fines and interest charged pursuant to paragraphs (j) to (o), inclusive, of subsection 1 of NRS 116.3102 and any costs of collecting a past due obligation charged pursuant to NRS 116.310313 are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.

      2.  A lien under this section is prior to all other liens and encumbrances on a unit except:

      (a) Liens and encumbrances recorded before the recordation of the declaration and, in a cooperative, liens and encumbrances which the association creates, assumes or takes subject to;

      (b) A first security interest on the unit recorded before the date on which the assessment sought to be enforced became delinquent or, in a cooperative, the first security interest encumbering only the unit’s owner’s interest and perfected before the date on which the assessment sought to be enforced became delinquent, except that a lien under this section is prior to a security interest described in this paragraph to the extent set forth in subsection 3;

      (c) Liens for real estate taxes and other governmental assessments or charges against the unit or cooperative; and

      (d) Liens for any fee or charge levied pursuant to subsection 1 of NRS 444.520.

      3.  A lien under this section is prior to all security interests described in paragraph (b) of subsection 2 to the extent of:

      (a) Any charges incurred by the association on a unit pursuant to NRS 116.310312;

      (b) The unpaid amount of assessments, not to exceed an amount equal to assessments for common expenses based on the periodic budget adopted by the association pursuant to NRS 116.3115 which would have become due in the absence of acceleration during the 9 months immediately preceding the date on which the notice of default and election to sell is recorded pursuant to paragraph (b) of subsection 1 of NRS 116.31162; and

      (c) The costs incurred by the association to enforce the lien in an amount not to exceed the amounts set forth in subsection 5,

Ê unless federal regulations adopted by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien. If federal regulations adopted by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien, the period during which the lien is prior to all security interests described in paragraph (b) of subsection 2 must be determined in accordance with those federal regulations, except that notwithstanding the provisions of the federal regulations, the period of priority for the lien must not be less than the 6 months immediately preceding the recording of a notice of default and election to sell pursuant to paragraph (b) of subsection 1 of NRS 116.31162 or the institution of a judicial action to enforce the lien.

      4.  This section does not affect the priority of mechanics’ or materialmen’s liens, or the priority of liens for other assessments made by the association.

      5.  The amount of the costs of enforcing the association’s lien that are prior to the security interest described in paragraph (b) of subsection 2 must not exceed the actual costs incurred by the association, must not include more than one trustee’s sale guaranty and must not exceed:

      (a) For a demand or intent to lien letter, $165.

      (b) For a notice of delinquent assessment, $325.

      (c) For an intent to record a notice of default letter, $90.

      (d) For a notice of default, $400.

      (e) For a trustee’s sale guaranty, $400.

Ê No costs of enforcing the association’s lien, other than the costs described in this subsection, and no amount of attorney’s fees may be included in the amount of the association’s lien that is prior to the security interest described in paragraph (b) of subsection 2.

      6.  Notwithstanding any other provision of law, an association, or member of the executive board, officer, employee or unit’s owner of the association, acting under the authority of this chapter or the governing documents of the association, or the community manager of the association, or any employee, agent or affiliate of the community manager, while engaged in the management of the common-interest community governed by the association, is not required to be licensed as a collection agency pursuant to chapter 649 of NRS or hire or contract with a collection agency licensed pursuant to chapter 649 of NRS to collect amounts due to the association in accordance with subsection 1 before the recording of a notice of default and election to sell pursuant to paragraph (b) of subsection 1 of NRS 116.31162.

      7.  The holder of the security interest described in paragraph (b) of subsection 2 or the holder’s authorized agent may establish an escrow account, loan trust account or other impound account for advance contributions for the payment of assessments for common expenses based on the periodic budget adopted by the association pursuant to NRS 116.3115 if the unit’s owner and the holder of that security interest consent to the establishment of such an account. If such an account is established, payments from the account for assessments for common expenses must be made in accordance with the same due dates as apply to payments of such assessments by a unit’s owner.

      8.  Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same property, those liens have equal priority.

      9.  Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessment under this section is required.

      10.  A lien for unpaid assessments is extinguished unless a notice of default and election to sell is recorded as required by paragraph (b) of subsection 1 of NRS 116.31162, or judicial proceedings to enforce the lien are instituted, within 3 years after the full amount of the assessments becomes due.

      11.  This section does not prohibit actions to recover sums for which subsection 1 creates a lien or prohibit an association from taking a deed in lieu of foreclosure.

      12.  A judgment or decree in any action brought under this section must include costs and reasonable attorney’s fees for the prevailing party.

      13.  The association, upon written request, shall furnish to a unit’s owner a statement setting forth the amount of unpaid assessments against the unit. If the interest of the unit’s owner is real estate or if a lien for the unpaid assessments may be foreclosed under NRS 116.31162 to 116.31168, inclusive, the statement must be in recordable form. The statement must be furnished within 10 business days after receipt of the request and is binding on the association, the executive board and every unit’s owner.

      14.  In a cooperative, upon nonpayment of an assessment on a unit, the unit’s owner may be evicted in the same manner as provided by law in the case of an unlawful holdover by a commercial tenant, and:

      (a) In a cooperative where the owner’s interest in a unit is real estate under NRS 116.1105, the association’s lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive.

      (b) In a cooperative where the owner’s interest in a unit is personal property under NRS 116.1105, the association’s lien:

             (1) May be foreclosed as a security interest under NRS 104.9101 to 104.9709, inclusive; or

             (2) If the declaration so provides, may be foreclosed under NRS 116.31162 to 116.31168, inclusive.

      15.  In an action by an association to collect assessments or to foreclose a lien created under this section, the court may appoint a receiver to collect all rents or other income from the unit alleged to be due and owing to a unit’s owner before commencement or during pendency of the action. The receivership is governed by chapter 32 of NRS. The court may order the receiver to pay any sums held by the receiver to the association during pendency of the action to the extent of the association’s common expense assessments based on a periodic budget adopted by the association pursuant to NRS 116.3115.

      16.  Notwithstanding any other provision of law, any payment of an amount due to an association in accordance with subsection 1 by the holder of any lien or encumbrance on a unit that is subordinate to the association’s lien under this section becomes a debt due from the unit’s owner to the holder of the lien or encumbrance.

      (Added to NRS by 1991, 567; A 1999, 390; 2003, 2243, 2272; 2009, 1010, 1207; 2011, 2448; 2013, 3787; 2015, 1333; 2019, 854; 2021, 1403)

     

Notes of Decisions
Cited in 536 cases (66 in the last 5 years), 1996–2026 · leading case: Saticoy Bay LLC v. Fed. Nat'l Mortg. Ass'n, 417 P.3d 363 (Nev. 2018).
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Saticoy Bay LLC v. Fed. Nat'l Mortg. Ass'n, 417 P.3d 363 (Nev. 2018). · cites it 16× “In this case, we must decide whether a regulated entity like Fannie Mae has standing to assert the Federal Foreclosure Bar in a quiet title action and, if so, whether the Federal Foreclosure Bar preempts NRS 116.3116, which allows a homeowners' association foreclosure on a…”
Bank of Am. v. Arlington West Twilight Hoa, 920 F.3d 620 (9th Cir. 2019). · cites it 10× “Nev. Rev. Stat. § 116.3116 (2). Concerning Bank of America’s quiet title claim, the panel held that pursuant to the Nevada Supreme Court’s decision in Bank of America, N.”
Bank of Am., N.A. v. SFR Invs. Pool 1, LLC, 427 P.3d 113 (Nev. 2018). · cites it 7× “At the time of the tender in 2012, the statute provided that the superpriority portion of an HOA lien was prior to a first security interest on a unit to the extent of any charges incurred by the association on a unit pursuant to NRS 116.”
U.S. Bank v. Sfr Investments Pool 1, LLC, 987 F.3d 858 (9th Cir. 2021). · cites it 13× “WHITE HORSE ESTATES HOA 3 unpaid assessments would be subordinate to any lien by the deed of trust, was void as a matter of Nevada law because it plainly conflicted with Nev. Rev. Stat. § 116.3116 (2), which required liens for unpaid assessments to have superpriority status, and…”
Bank of N.Y. Mellon v. Log Cabin Manor Homeowners Ass'n, 362 F. Supp. 3d 930 (D. Nev. 2019). · cites it 45× “) The Court considers the constitutionality of the statute governing the HOA Sale- NRS § 116.3116 -before turning to BONY's request for equitable relief.”
7912 Limbwood Court Trust v. Wells Fargo Bank, N.A., 979 F. Supp. 2d 1142 (D. Nev. 2013). · cites it 29× “) In 2010, Elkhorn initiated an HOA foreclosure sale of the property pursuant to Nevada Revised Statutes § 116.3116 et seq. to recover unpaid HOA assessments.”
Vegas United Inv. Series 105, Inc. Vs. Celtic Bank Corp., 2019 NV 61 (Nev. 2019). · cites it 28× “SUPREME COURT OF NEVADA 2 (0) 1947À property at a foreclosure sale conducted pursuant to the procedures set forth in NRS 116.3116 in foreclosing on delinquent POA assessment liens.”
Freedom Mortg. Corp. v. Las Vegas Dev. Grp., LLC, 106 F. Supp. 3d 1174 (D. Nev. 2015). · cites it 24× “NRS 116.3116 is based] creates a true superpriority lien.”
9352 Cranesbill Tr. Vs. Wells Fargo Bank, N.A., 2020 NV 8 (Nev. 2020). · cites it 6× “, NRS 116.3116 (addressing the creation, perfection, priority, and extinguishing/curing of HOA liens); NRS 116.”
Wells Fargo Bank, N.A. v. Radecki, 426 P.3d 593 (Nev. 2018). · cites it 4× “The written judgment declared that Wells Fargo's DOT "is superior to all right, title, interest, lien, equity or estate of the Defendants with the exception of any super priority lien rights held by any Defendant pursuant to NRS 116.3116. " The HOA then conducted a foreclosure…”
Nationstar Mortg., LLC v. Maplewood Springs Homeowners Ass'n, 238 F. Supp. 3d 1257 (D. Nev. 2017). · cites it 15× “Nev. Rev. Stat. § 116.3116 NRS § 116.3116(1) gives an HOA a lien on its homeowners’ residences for unpaid assessments and fines; moreover, NRS 116.”
Skylights LLC v. Byron, 112 F. Supp. 3d 1145 (D. Nev. 2015). · cites it 15× “BACKGROUND This case arises out of a dispute between the parties over the effects of the HOA’s foreclosure on their “super-priority” interest in real property under Nevada Revised Statutes § 116.3116, when a-first priority loan secured by the foreclosed upon property is held by…”
Show all 536 citing cases →
— Nev. Rev. Stat. § 116.3116(1) — 54 cases
U.S. Bank v. Sfr Investments Pool 1, LLC, 987 F.3d 858 (9th Cir. 2021). “WHITE HORSE ESTATES HOA 3 unpaid assessments would be subordinate to any lien by the deed of trust, was void as a matter of Nevada law because it plainly conflicted with Nev. Rev. Stat. § 116.3116 (2), which required liens for unpaid assessments to have superpriority status, and…”
7912 Limbwood Court Trust v. Wells Fargo Bank, N.A., 979 F. Supp. 2d 1142 (D. Nev. 2013). “) In 2010, Elkhorn initiated an HOA foreclosure sale of the property pursuant to Nevada Revised Statutes § 116.3116 et seq. to recover unpaid HOA assessments.”
Bayview Loan Servicing, LLC v. Alessi & Koenig, LLC, 962 F. Supp. 2d 1222 (D. Nev. 2013).
Freedom Mortg. Corp. v. Las Vegas Dev. Grp., LLC, 106 F. Supp. 3d 1174 (D. Nev. 2015). “NRS 116.3116 is based] creates a true superpriority lien.”
Nationstar Mortg., LLC v. Maplewood Springs Homeowners Ass'n, 238 F. Supp. 3d 1257 (D. Nev. 2017). “Nev. Rev. Stat. § 116.3116 NRS § 116.3116(1) gives an HOA a lien on its homeowners’ residences for unpaid assessments and fines; moreover, NRS 116.”
— Nev. Rev. Stat. § 116.3116(10) — 7 cases
Nationstar Mortg., LLC Vs. Saticoy Bay LLC Series 2227 Shadow Canyon, 2017 NV 91 (Nev. 2017).
Saticoy Bay LLC Ser. 2021 Gray Eagle Way Vs. Jp Morgan Chase Bank, N.A., 2017 NV 3 (Nev. 2017).
Deutsche Bank Nat'l Tr. v. Fid. Nat'l (Nev. 2023).
SFR Invs. Pool 1 v. U.S. Bank, 2014 NV 75 (Nev. 2014).
A La Quinta LLC v. US Bank Nat'l Ass'n (Nev. 2017).
— Nev. Rev. Stat. § 116.3116(11) — 4 cases
SFR Invs. Pool 1 v. U.S. Bank, 2014 NV 75 (Nev. 2014).
Carrington Mortg. Holdings, LLC Vs. R Ventures VIII, LLC, 2018 NV 46 (Nev. 2018).
Carrington Mortg. Holdings, LLC Vs. R Ventures VIII, LLC, 2018 NV 46 (Nev. 2018).
Carrington Mortg. Holdings, LLC v. R Ventures VIII, LLC, 419 P.3d 703 (Nev. 2018).
— Nev. Rev. Stat. § 116.3116(12) — 1 case
Carrington Mortg. Holdings, LLC v. R Ventures VIII, LLC, 419 P.3d 703 (Nev. 2018).
— Nev. Rev. Stat. § 116.3116(2) — 272 cases
Freedom Mortg. Corp. v. Las Vegas Dev. Grp., LLC, 106 F. Supp. 3d 1174 (D. Nev. 2015). “NRS 116.3116 is based] creates a true superpriority lien.”
U.S. Bank v. Sfr Investments Pool 1, LLC, 987 F.3d 858 (9th Cir. 2021). “WHITE HORSE ESTATES HOA 3 unpaid assessments would be subordinate to any lien by the deed of trust, was void as a matter of Nevada law because it plainly conflicted with Nev. Rev. Stat. § 116.3116 (2), which required liens for unpaid assessments to have superpriority status, and…”
Vegas United Inv. Series 105, Inc. Vs. Celtic Bank Corp., 2019 NV 61 (Nev. 2019). “SUPREME COURT OF NEVADA 2 (0) 1947À property at a foreclosure sale conducted pursuant to the procedures set forth in NRS 116.3116 in foreclosing on delinquent POA assessment liens.”
9352 Cranesbill Tr. Vs. Wells Fargo Bank, N.A., 2020 NV 8 (Nev. 2020). “, NRS 116.3116 (addressing the creation, perfection, priority, and extinguishing/curing of HOA liens); NRS 116.”
7912 Limbwood Court Trust v. Wells Fargo Bank, N.A., 979 F. Supp. 2d 1142 (D. Nev. 2013). “) In 2010, Elkhorn initiated an HOA foreclosure sale of the property pursuant to Nevada Revised Statutes § 116.3116 et seq. to recover unpaid HOA assessments.”
— Nev. Rev. Stat. § 116.3116(2)(a)(b) — 1 case
U.S. Bank v. Diamond Creek Cmty. Ass'n (D. Nev. 2021).
— Nev. Rev. Stat. § 116.3116(2)(b) — 17 cases
7912 Limbwood Court Trust v. Wells Fargo Bank, N.A., 979 F. Supp. 2d 1142 (D. Nev. 2013). “) In 2010, Elkhorn initiated an HOA foreclosure sale of the property pursuant to Nevada Revised Statutes § 116.3116 et seq. to recover unpaid HOA assessments.”
U.S. Bank v. Sfr Investments Pool 1, LLC, 987 F.3d 858 (9th Cir. 2021). “WHITE HORSE ESTATES HOA 3 unpaid assessments would be subordinate to any lien by the deed of trust, was void as a matter of Nevada law because it plainly conflicted with Nev. Rev. Stat. § 116.3116 (2), which required liens for unpaid assessments to have superpriority status, and…”
U.S. Bank, Nat'l Ass'n v. Res. Grp., LLC, 444 P.3d 442 (Nev. 2019).
Skylights LLC v. Byron, 112 F. Supp. 3d 1145 (D. Nev. 2015). “BACKGROUND This case arises out of a dispute between the parties over the effects of the HOA’s foreclosure on their “super-priority” interest in real property under Nevada Revised Statutes § 116.3116, when a-first priority loan secured by the foreclosed upon property is held by…”
Bayview Loan Servicing, LLC v. Alessi & Koenig, LLC, 962 F. Supp. 2d 1222 (D. Nev. 2013).
— Nev. Rev. Stat. § 116.3116(2)(c) — 2 cases
S. Highlands Cmty. Assoc. v. Dist. Ct. (Prem Deferred Trust) C/W 62587 (Nev. 2014).
S. Highlands Cmty. Assoc. v. Dist. Ct. (Prem Deferred Trust) C/W 62587 (Nev. 2014).
— Nev. Rev. Stat. § 116.3116(3) — 5 cases
Bank of New York Mellon, FKA The Bank of New York, as Tr. for the Certificateholders of the CWALK, Inc., Alt. Loan Trust 2006-OA6 Mortg. Pass-Through Certificates, Series 2006-OA6 v. Foothills at S. Highlands Homeowners Ass'n et (D. Nev. 2022).
SFR Invs. Pool 1 v. U.S. Bank, 2014 NV 75 (Nev. 2014).
The Bank Of New York Mellon v. Seven Hills Master Cmty. Ass'n (D. Nev. 2020).
Deutsche Bank Nat'l Trust Co. v. S. Highlands Cmty. Ass'n (D. Nev. 2024).
Deutsche Bank Nat'l Trust Co., Tr. for the Certificate Holders of Harborview Mortg. Loan Trust Series 2005-7, Mortg. Pass-through Certificate Series, 2005-7 v. S. Highlands Cmty. Ass'n, et al.; SFR Investments Pool I, LLC v. Deutsche Bank Nat'l Trust (D. Nev. 2025).
— Nev. Rev. Stat. § 116.3116(3)(a) — 1 case
Deutsche Bank Nat'l Tr. Co. v. Collegium Fund LLC Ser. 16, 142 Nev. Adv. Op. No. 1 (Nev. 2026).
— Nev. Rev. Stat. § 116.3116(3)(b) — 2 cases
Deutsche Bank Nat'l Tr. Co. v. Collegium Fund LLC Ser. 16, 142 Nev. Adv. Op. No. 1 (Nev. 2026).
Deutsche Bank Tr. Co. Americas v. Sfr Invs. Pool 1, LLC, 140 Nev. Adv. Op. No. 43 (Nev. 2024).
— Nev. Rev. Stat. § 116.3116(4) — 7 cases
7912 Limbwood Court Trust v. Wells Fargo Bank, N.A., 979 F. Supp. 2d 1142 (D. Nev. 2013). “) In 2010, Elkhorn initiated an HOA foreclosure sale of the property pursuant to Nevada Revised Statutes § 116.3116 et seq. to recover unpaid HOA assessments.”
S. Highlands Cmty. Ass'n. Vs. San Florentine Ave. Trust, 2016 NV 3 (Nev. 2016).
S. Highlands Cmty. Ass'n. Vs. San Florentine Ave. Trust, 2016 NV 3 (Nev. 2016).
Saticoy Bay LLC Ser. 350 Durango 104 Vs. Wells Fargo Home Mortg., 2017 NV 5 (Nev. 2017).
Saticoy Bay LLC Ser. 350 Durango 104 Vs. Wells Fargo Home Mortg., 2017 NV 5 (Nev. 2017).
— Nev. Rev. Stat. § 116.3116(5) — 7 cases
Deutsch Bank Nat'l Trust Co. v. Fid. Nat'l Title Ins. Co. (D. Nev. 2020).
Wells Fargo Bank, N.A. v. Fid. Nat'l Title Ins. Co. (D. Nev. 2019).
Horizons at Seven Hills Vs. Ikon Holdings, 2016 NV 35 (Nev. 2016).
Saticoy Bay LLC Ser. 2021 Gray Eagle Way Vs. Jp Morgan Chase Bank, N.A., 2017 NV 3 (Nev. 2017).
HSBC Bank USA Nat'l Ass'n v. Fid. Nat'l Title Grp., Inc (D. Nev. 2019).
— Nev. Rev. Stat. § 116.3116(6) — 10 cases
7912 Limbwood Court Trust v. Wells Fargo Bank, N.A., 979 F. Supp. 2d 1142 (D. Nev. 2013). “) In 2010, Elkhorn initiated an HOA foreclosure sale of the property pursuant to Nevada Revised Statutes § 116.3116 et seq. to recover unpaid HOA assessments.”
Saticoy Bay LLC Ser. 2021 Gray Eagle Way Vs. Jp Morgan Chase Bank, N.A., 2017 NV 3 (Nev. 2017).
Saticoy Bay LLC Ser. 2021 Gray Eagle Way Vs. Jp Morgan Chase Bank, N.A., 2017 NV 3 (Nev. 2017).
A La Quinta LLC v. US Bank Nat'l Ass'n (Nev. 2017).
Nationstar Mortg., LLC Vs. Saticoy Bay LLC Series 2227 Shadow Canyon, 2017 NV 91 (Nev. 2017).
— Nev. Rev. Stat. § 116.3116(7) — 7 cases
Nationstar Mortg., LLC v. Melvin Grp., LLC (Nev. 2018).
Pennymac Corp. v. Sfr Inv.'s Pool 1, LLC (Nev. 2018).
Carrington Mortg. Holdings, LLC Vs. R Ventures VIII, LLC, 2018 NV 46 (Nev. 2018).
Carrington Mortg. Holdings, LLC Vs. R Ventures VIII, LLC, 2018 NV 46 (Nev. 2018).
Bayview Loan Serv., LLC v. Holm Int'l Prop.'s LLC (Nev. 2018).
— Nev. Rev. Stat. § 116.3116(8) — 8 cases
Carrington Mortg. Holdings, LLC Vs. R Ventures VIII, LLC, 2018 NV 46 (Nev. 2018).
Carrington Mortg. Holdings, LLC Vs. R Ventures VIII, LLC, 2018 NV 46 (Nev. 2018).
Carrington Mortg. Holdings, LLC v. R Ventures VIII, LLC, 419 P.3d 703 (Nev. 2018).
Horizons at Seven Hills Vs. Ikon Holdings, 2016 NV 35 (Nev. 2016).
SFR Invs. Pool 1 v. U.S. Bank, 2014 NV 75 (Nev. 2014).
— Nev. Rev. Stat. § 116.3116(9) — 4 cases
Deutsche Bank Nat'l Tr. v. Fid. Nat'l (Nev. 2023).
HSBC Bank USA Nat'l Ass'n v. Fid. Nat'l Title Grp., Inc (D. Nev. 2019).
Deutsch Bank Nat'l Trust Co. v. Fid. Nat'l Title Ins. Co. (D. Nev. 2020).
HSBC Bank USA, N.A. v. Fid. Nat'l Title Ins. Co. (D. Nev. 2020).
— Nev. Rev. Stat. § 116.3116(b) — 1 case
Carrington Mortg. Servs., LLC v. SFR Investments Pool 1, LLC (D. Nev. 2020).
— Nev. Rev. Stat. § 116.3116(l) — 2 cases
Bank of Am., N.A. v. SFR Invs. Pool 1, LLC, 427 P.3d 113 (Nev. 2018). “At the time of the tender in 2012, the statute provided that the superpriority portion of an HOA lien was prior to a first security interest on a unit to the extent of any charges incurred by the association on a unit pursuant to NRS 116.”
G & P Inv. Enter., LLC v. Wells Fargo Bank, N.A., 199 F. Supp. 3d 1266 (D. Nev. 2016).
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