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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
In Nevada, planned communities and their homeowners' associations are generally governed by the Common-Interest Ownership Act in NRS Chapter 116, the state's version of the Uniform Common-Interest Ownership Act. Under that chapter, the recorded declaration (CC&Rs) may generally be amended by owners of units holding at least a majority of the association's votes, unless the declaration itself specifies a different percentage (NRS 116.2117). Because many Nevada declarations set their own higher supermajority, the recorded document, rather than the statutory floor, usually controls how many votes you actually need.
Condominiums (NRS 116; older condos under NRS 117)
Condominiums created in Nevada on or after January 1, 1992 generally fall under the same Common-Interest Ownership Act (NRS Chapter 116), so their amendment and voting rules largely mirror those for planned communities. Older condominiums whose plans were recorded before 1992 may instead be governed by the separate Condominiums law in NRS Chapter 117, which can require the consent of the record owner and all holders of security interests to amend the recorded plan. Confirming which chapter your community was created under can change both the threshold and whose consent may be needed.
How the vote can run
Nevada generally allows associations to take owner votes by written or paper ballot or by electronic ballot, including votes conducted without a meeting, with notice delivered to every owner entitled to vote (NRS 116.311). A ballot vote taken without a meeting is generally valid only if the number of ballots returned at least equals the quorum that would be required at a meeting, and association elections must generally use a secret ballot with owners given time to return it (NRS 116.31034). A managed process helps document the notice, quorum, secrecy, and tally that a recorded amendment may later depend on.
Before we quote
Nevada details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Nevada vote has to answer.
Nevada's Common-Interest Ownership Act (NRS Chapter 116) is the primary statute for HOAs, planned communities, and most condominiums, while pre-1992 condominiums may instead fall under NRS Chapter 117.
The statutory default to amend a declaration is owners holding at least a majority of the association's votes, but the declaration may set a different, often higher, percentage that controls (NRS 116.2117).
Many Nevada CC&Rs require a two-thirds or higher supermajority, so the exact threshold should be read from your recorded declaration rather than assumed.
An amendment generally takes effect only when recorded in every county where the community is located (NRS 116.2117), and challenges to a board-adopted amendment generally must be brought within one year of recording.
Changing unit boundaries or a unit's allocated interests generally requires the unanimous consent of the affected owners plus a majority of the remaining owners (NRS 116.2117).
Votes may generally be cast by paper or electronic ballot, including without a meeting, but a no-meeting ballot generally passes only if returns meet the meeting quorum (NRS 116.311).
If a declaration's required supermajority cannot be reached despite a diligent, good-faith effort, Nevada provides a district-court confirmation procedure for certain amendments (NRS 116.21175).
If the declaration or statute conditions an amendment on a lender's consent, that consent can be deemed granted when a mortgagee does not refuse in writing within 60 days of certified-mail notice (NRS 116.2117).
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