Nev. Rev. Stat. » NRS: CHAPTER 38 - MEDIATION AND ARBITRATION

Nev. Rev. Stat. § 38.310

Limitations on commencement of certain civil actions

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NRS 38.310  Limitations on commencement of certain civil actions.

      1.  No civil action based upon a claim 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,

Ê 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, and, if the civil action concerns 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, all administrative procedures specified in any covenants, conditions or restrictions applicable to the property or in any bylaws, rules and regulations of an association have been exhausted.

      2.  A court shall dismiss any civil action which is commenced in violation of the provisions of subsection 1.

      (Added to NRS by 1995, 1417; A 1997, 526; 2007, 2278; 2013, 2296)

     

Notes of Decisions
Cited in 29 cases (5 in the last 5 years), 2008–2025 · leading case: Hamm v. Arrowcreek Homeowners' Ass'n
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Hamm v. Arrowcreek Homeowners' Ass'n (2008) nev · cites it 44× “: In this appeal, we consider whether homeowners must submit to mediation or arbitration, pursuant to NRS 38.310, 2 before they initiate a civil action in the district court to release a homeowners’ association assessment lien on their property.”
McKnight Family, LLP v. Adept Management Services, Inc. (2013) nev · cites it 22× “Further, the district court dismissed McKnight’s complaint because the court determined that, pursuant to NRS 38.310, the claims should have been submitted to a form of alternative dispute resolution before being brought in district court.”
SATICOY BAY, LLC SER. 9720 HITCHING RAIL VS. PECCOLE RANCH CMTY. ASS'N (2021) nev · cites it 72× “: NRS 38.310 requires parties to attempt alternative dispute resolution as a prerequisite to filing a civil action "based upon a claim relating to .”
Dezzani v. Kern & Assocs., Ltd. (2018) nev · cites it 8× “31183's inclusion of community managers and stating that "they are probably already covered under 'agents' " but providing no further definition); Senate Daily Journal, 75th Leg.”
Nationstar Mortgage, LLC v. Maplewood Springs Homeowners Ass'n (2017) nvd · cites it 9× “Nev. Rev. Stat. § 38.310 (1). Subsection (2) continues, stating that a “court shall dismiss any civil action which is commenced in violation of the provisions of subsection 1.”
Freedom Mortgage Corp. v. Las Vegas Development Group, LLC (2015) nvd “The HOA joins in LVDG’s motion and additionally *1179 contends that Freedom Mortgage’s claims against it are unripe because the lender failed to first bring them before the Nevada Real Estate Division (NRED) under NRS 38.310 and also failed to provide the affidavit required by…”
KOSOR, JR. v. S. HIGHLANDS CMTY. ASS'N (2025) nev · cites it 30× “With specified exceptions, NRS 38.310 requires that parties submit CC&R-based claims to mediation or nonbinding arbitration before asserting them in court.”
Southern Highlands Community Assoc. v. Dist. Ct. (Prem Deferred Trust) C/W 62587 (2014) nev · cites it 46× “Prem initially sought, on behalf of itself and others similarly situated, to arbitrate the disputes with Southern Highlands before the Nevada Real Estate Division (NRED) under NRS 38.310. NRS 38.310 requires claims involving the interpretation of homeowners' association…”
Southern Highlands Community Assoc. v. Dist. Ct. (Prem Deferred Trust) C/W 62587 (2014) nev · cites it 46× “Prem initially sought, on behalf of itself and others similarly situated, to arbitrate the disputes with Southern Highlands before the Nevada Real Estate Division (NRED) under NRS 38.310. NRS 38.310 requires claims involving the interpretation of homeowners' association…”
Aliante Master Ass'n v. Prem Deferred Tr. (2018) nev · cites it 26× “After submitting its claims to alternative dispute resolution pursuant to NRS 38.310, Prem brought a class-action suit in district court requesting a business court assignment and challenging, in part, the amount that Aliante demanded and collected from Prem and any putative…”
Thomas v. Mei-Gsr Holdings, LLC (2018) nev · cites it 25× “Approximately one week before the scheduled punitive damages hearing, respondents moved to dismiss appellants' action pursuant to NRCP 12(b)(1), arguing that the district court lacked subject matter jurisdiction over the matter because the appellants failed to mediate their…”
DEZZANI VS. KERN & ASSOC.'S, LTD. C/W 69410 (2018) nev · cites it 16× “3d 895, 900(2008) (concluding that NRS 38.310 applies where interpreting the CC&Rs is necessary to resolve the merits of the case).”
Show all 29 citing cases →
— Nev. Rev. Stat. § 38.310(1) — 14 cases
Dezzani v. Kern & Assocs., Ltd. (2018) nev “31183's inclusion of community managers and stating that "they are probably already covered under 'agents' " but providing no further definition); Senate Daily Journal, 75th Leg.”
McKnight Family, LLP v. Adept Management Services, Inc. (2013) nev “Further, the district court dismissed McKnight’s complaint because the court determined that, pursuant to NRS 38.310, the claims should have been submitted to a form of alternative dispute resolution before being brought in district court.”
Hamm v. Arrowcreek Homeowners' Ass'n (2008) nev “: In this appeal, we consider whether homeowners must submit to mediation or arbitration, pursuant to NRS 38.310, 2 before they initiate a civil action in the district court to release a homeowners’ association assessment lien on their property.”
SATICOY BAY, LLC SER. 9720 HITCHING RAIL VS. PECCOLE RANCH CMTY. ASS'N (2021) nev “: NRS 38.310 requires parties to attempt alternative dispute resolution as a prerequisite to filing a civil action "based upon a claim relating to .”
DEZZANI VS. KERN & ASSOC.'S, LTD. C/W 69410 (2018) nev “3d 895, 900(2008) (concluding that NRS 38.310 applies where interpreting the CC&Rs is necessary to resolve the merits of the case).”
— Nev. Rev. Stat. § 38.310(1)(a) — 2 cases
SATICOY BAY, LLC SER. 9720 HITCHING RAIL VS. PECCOLE RANCH CMTY. ASS'N (2021) nev “: NRS 38.310 requires parties to attempt alternative dispute resolution as a prerequisite to filing a civil action "based upon a claim relating to .”
Aliante Master Ass'n v. Prem Deferred Tr. (2018) nev “After submitting its claims to alternative dispute resolution pursuant to NRS 38.310, Prem brought a class-action suit in district court requesting a business court assignment and challenging, in part, the amount that Aliante demanded and collected from Prem and any putative…”
— Nev. Rev. Stat. § 38.310(2) — 8 cases
McKnight Family, LLP v. Adept Management Services, Inc. (2013) nev “Further, the district court dismissed McKnight’s complaint because the court determined that, pursuant to NRS 38.310, the claims should have been submitted to a form of alternative dispute resolution before being brought in district court.”
Hamm v. Arrowcreek Homeowners' Ass'n (2008) nev “: In this appeal, we consider whether homeowners must submit to mediation or arbitration, pursuant to NRS 38.310, 2 before they initiate a civil action in the district court to release a homeowners’ association assessment lien on their property.”
Aliante Master Ass'n v. Prem Deferred Tr. (2018) nev “After submitting its claims to alternative dispute resolution pursuant to NRS 38.310, Prem brought a class-action suit in district court requesting a business court assignment and challenging, in part, the amount that Aliante demanded and collected from Prem and any putative…”
Southern Highlands Community Assoc. v. Dist. Ct. (Prem Deferred Trust) C/W 62587 (2014) nev “Prem initially sought, on behalf of itself and others similarly situated, to arbitrate the disputes with Southern Highlands before the Nevada Real Estate Division (NRED) under NRS 38.310. NRS 38.310 requires claims involving the interpretation of homeowners' association…”
Southern Highlands Community Assoc. v. Dist. Ct. (Prem Deferred Trust) C/W 62587 (2014) nev “Prem initially sought, on behalf of itself and others similarly situated, to arbitrate the disputes with Southern Highlands before the Nevada Real Estate Division (NRED) under NRS 38.310. NRS 38.310 requires claims involving the interpretation of homeowners' association…”
— Nev. Rev. Stat. § 38.310(a) — 1 case
SATICOY BAY, LLC SER. 9720 HITCHING RAIL VS. PECCOLE RANCH CMTY. ASS'N (2021) nev “: NRS 38.310 requires parties to attempt alternative dispute resolution as a prerequisite to filing a civil action "based upon a claim relating to .”
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