Nev. Rev. Stat. § 38.300

Definitions

Find cases: SyfertCases citing this section NRSleg.state.nv.us (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

NRS 38.300 Definitions. As used in NRS 38.300 to 38.360, inclusive, unless the context otherwise requires:

1. “Assessments” means:

(a) Any charge which an association may impose against an owner of residential property pursuant to a declaration of covenants, conditions and restrictions, including any late charges, interest and costs of collecting the charges; and

(b) Any penalties, fines, fees and other charges which may be imposed by an association pursuant to paragraphs (j) to (o), inclusive, of subsection 1 of NRS 116.3102 or subsections 10, 11 and 12 of NRS 116B.420.

2. “Association” has the meaning ascribed to it in NRS 116.011 or 116B.030.

3. “Civil action” includes an action for money damages or equitable relief. The term does not include an action in equity for injunctive relief in which there is an immediate threat of irreparable harm, or an action relating to the title to residential property.

4. “Division” means the Real Estate Division of the Department of Business and Industry.

5. “Program” means a program established by the Division under which a person, including, without limitation, a referee or hearing officer, can render decisions on disputes relating to:

(a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or

(b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property.

6. “Residential property” includes, but is not limited to, real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS. The term does not include commercial property if no portion thereof contains property which is used for residential purposes.

(Added to NRS by 1995, 1416; A 2003, 2251, 2274; 2007, 2277; 2013, 2295; 2019, 864)

Notes of Decisions

Cited in 14 cases (4 in the last 5 years), 2008–2025 · leading case: McKnight Family, LLP v. Adept Management Services, Inc.

Sort: Relevance Newest Treatment

McKnight Family, LLP v. Adept Management Services, Inc. (2013) nev · cites it 6× “300(3), a civil action includes “an action for money damages or equitable relief,” but not “an action in equity for injunctive relief in which there is an immediate threat of irreparable harm, or an action relating to the title to residential property.” McKnight argues that NRS…”

Hamm v. Arrowcreek Homeowners' Ass'n (2008) nev · cites it 6× “[t]he interpretation, application or enforcement” of CC&Rs may be commenced in state court, “unless the action has been submitted to mediation or arbitration pursuant to the provisions of NRS 38.300 to 38.360, inclusive.” 9 If a party institutes a civil action in violation of…”

U.S. Home Corp. v. Michael Ballesteros Trust (2018) nev “But Nevada statutorily requires mediation of disputes arising under CC&Rs, see NRS 38.300 -.360, suggesting Nevada's legislative endorsement of alternative dispute resolutions in this setting.”

Nationstar Mortgage, LLC v. Maplewood Springs Homeowners Ass'n (2017) nvd · cites it 3× “may be commenced in any court in this State unless the action has been submitted to mediation or, if the parties agree, has been referred to a program pursuant to the provisions of NRS 38.300 to 38.360, inclusive .... Nev.”

SATICOY BAY, LLC SER. 9720 HITCHING RAIL VS. PECCOLE RANCH CMTY. ASS'N (2021) nev · cites it 6× “r enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; SUPREME COURT OF NEVADA 6 ‘0) 1947A esSID may be commenced in any court in this State unless the action has been submitted…”

KOSOR, JR. v. S. HIGHLANDS CMTY. ASS'N (2025) nev · cites it 5× “: NRS 38.300 through 38.360 create an alternative dispute resolution (ADR) program for disputes involving a residential common- interest community's covenants, conditions, or restrictions (CC&Rs).”

Bank of America, N.A. v. Tapestry at Town Center Homeowners Ass'n (2017) nvd · cites it 3× “Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been mediated pursuant to the provisions of NRS 38.300 to 38.360, inclusive, but an agreement was not obtained.”

Artemis Expl. Co. Vs. Ruby Lake Estates Hoa (2020) nev · cites it 2× “Artemis further contends that "NRS 38.300 to [NRS] 38.360 do not provide for an award of attorney[ ] fees and costs from a non-binding arbitration," relieving the district court of authority to award Ruby such fees and costs.”

Yashouafar v. Paradise Spa Owner's Ass'n. (2016) nev “Having considered the parties' arguments and the record, we perceive no reversible error in the district court's decision not to vacate the judgment entered against appellants As a threshold matter, we disagree with appellants' jurisdictional argument, as NRS 38.300(3)…”

Toly Vs. Dist. Ct. (Blackrock Hoa, Inc.) (2021) nev “However, the SUPREME COURT OF NEVADA district court found that the claims in real party in interest's complaint fell 1947A vc-to6 within NRS 38.300(3)s exception to the definition of "civil action," in that there was "an immediate threat of irreparable harm" underlying real…”

Ditech Financial LLC v. Park Bonanza East Townhouse Owners Association, Inc. (2020) nvd “The court held that, while the other claims for relief were 1 properly dismissed, the quiet title claim was not a civil action as defined in NRS 38.300(3) and 2 was therefore exempt from the requirements of NRS 38.”

Show all 14 citing cases →

— Nev. Rev. Stat. § 38.300(3) — 11 cases

Hamm v. Arrowcreek Homeowners' Ass'n (2008) nev “[t]he interpretation, application or enforcement” of CC&Rs may be commenced in state court, “unless the action has been submitted to mediation or arbitration pursuant to the provisions of NRS 38.300 to 38.360, inclusive.” 9 If a party institutes a civil action in violation of…”

McKnight Family, LLP v. Adept Management Services, Inc. (2013) nev “300(3), a civil action includes “an action for money damages or equitable relief,” but not “an action in equity for injunctive relief in which there is an immediate threat of irreparable harm, or an action relating to the title to residential property.” McKnight argues that NRS…”

Nationstar Mortgage, LLC v. Maplewood Springs Homeowners Ass'n (2017) nvd “may be commenced in any court in this State unless the action has been submitted to mediation or, if the parties agree, has been referred to a program pursuant to the provisions of NRS 38.300 to 38.360, inclusive .... Nev.”

SATICOY BAY, LLC SER. 9720 HITCHING RAIL VS. PECCOLE RANCH CMTY. ASS'N (2021) nev “r enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; SUPREME COURT OF NEVADA 6 ‘0) 1947A esSID may be commenced in any court in this State unless the action has been submitted…”

KOSOR, JR. v. S. HIGHLANDS CMTY. ASS'N (2025) nev “: NRS 38.300 through 38.360 create an alternative dispute resolution (ADR) program for disputes involving a residential common- interest community's covenants, conditions, or restrictions (CC&Rs).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.