Homeowner Association Lien Foreclosure (NV) by Jacqueline A. Gilbert

 This practice note explains the residential homeowner association (HOA) foreclosure process in Nevada, focusing on nonjudicial foreclosure and the interplay between an association’s lien for common assessments and deed(s) of trust that may also be recorded against the property. Whether these procedures affect planned communities where the units are restricted exclusively for non-residential or commercial use depends on the Declaration of Covenants, Conditions & Restrictions (CC&Rs). Nev. Rev. Stat. Ann. § 116.12077(1). Requirements for foreclosure of a deed of trust or mortgage or for planned communities which have not expressly adopted these provisions of Nev. Rev. Stat. Chapter 116 are outside the scope of this practice note. 

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