HOA Governing Documents Explained: CC&Rs, Bylaws, and Rules in Nevada

Home owners Associations operate based on governing documents that define rights, obligations, and enforcement authority. Yet many disputes arise simply because home owners and boards misunderstand these documents—or apply them incorrectly.

This guide explains HOA governing documents in Nevada, how they work together, and why proper interpretation matters for homeowners, boards, and property managers.

The Hierarchy of HOA Governing Documents

HOA documents are not equal. Understanding hierarchy is critical.

1. Declaration of CC&Rs
   The primary governing document recorded against the property. CC&Rs define property restrictions, assessments, and enforcement authority.
2. Bylaws
   Govern how the association operates, including board elections, meetings, and voting procedures.
3. Rules and Regulations
   Day-to-day rules adopted by the board, such as parking or architectural guidelines.
4. Nevada Revised Statutes (NRS 116)
   State law overrides HOA documents when conflicts exist.

Common HOA Enforcement Issues

Selective Enforcement
Inconsistent enforcement can expose HOAs to legal challenges.

Improper Fines and Notices
Nevada law requires specific procedures before fines or penalties are imposed.

Architectural Control Disputes
Boards must follow governing documents and apply standards fairly.

Assessment and Collection Issues
Failure to comply with statutory requirements can invalidate collection efforts.

Board Fiduciary Duties

HOA board members owe fiduciary duties to the association. This includes:

• Acting in good faith
• Following governing documents
• Avoiding conflicts of interest
• Making informed decisions

Failure to do so may expose board members and associations to liability.

Homeowner Rights Under Nevada Law

Homeowners have rights, including:

• Access to records
• Due process before enforcement
• Fair application of rules
• Proper notice and hearings

Many disputes arise because these rights are misunderstood or ignored.

Why Legal Interpretation Matters

HOA documents are legally binding contracts. Misinterpretation can lead to:

• Invalid enforcement actions
• Lawsuits
• Insurance issues
• Community conflict

My Real Estate Lawyer helps boards, managers, and homeowners interpret and apply governing documents correctly under Nevada law.