How to Remove an HOA Board Member: The Recall Process in Nevada

Your HOA board has been making decisions that don't sit right — maybe they're ignoring homeowner concerns, approving questionable expenses, enforcing rules inconsistently, or simply refusing to communicate. You've tried talking to them. You've sent emails. Nothing changes. Now you're wondering whether there's a formal process that lets homeowners actually remove board members who aren't doing their jobs. The good news is that in Nevada, there is — and it's a process you can understand and participate in without being a lawyer.

What State Law Generally Says

Nevada's HOA laws are primarily governed by Nevada Revised Statutes Chapter 116, known as the Nevada Common-Interest Ownership Act. This chapter establishes the legal framework for how common-interest communities — including planned unit developments, condominiums, and townhome associations — operate, and it sets out specific rights and obligations for both boards and homeowners. Among other things, NRS Chapter 116 appears to provide a foundation for homeowner participation in governance, including the ability to challenge how a board conducts its business.

One provision that often comes up when homeowners are pushing back on a board is NRS §116.3102, which generally addresses the HOA's duty to enforce its CC&Rs in a uniform and non-discriminatory manner. When a board applies rules selectively — going after some homeowners while ignoring the same behavior from others — that pattern may raise questions about whether the board's conduct aligns with what the statute generally requires. Similarly, NRS §116.3113 generally requires the HOA to maintain, repair, and replace common elements, which is relevant when homeowners suspect a board is neglecting shared property or mismanaging funds meant for upkeep. If you want a broader overview of what your association can and cannot do under state law, the guide on what your HOA can and cannot do is worth reading alongside this post.

When it comes to fines and hearings, NRS §116.31031 generally requires the HOA to provide written notice specifying the alleged violation, the fine amount, and the date, time, and location of any hearing before a fine is imposed — and the homeowner must be given a reasonable opportunity to prepare for and attend that hearing. Nevada also caps HOA fines at $100 per violation and $1,000 total per hearing under the same statute. These procedural requirements are significant: if a board has been skipping steps, issuing fines without hearings, or exceeding the statutory cap, those facts may be worth documenting. For a state-by-state comparison, see the overview of HOA fines by state.

Steps a Homeowner Can Consider

Step 1: Review Your Governing Documents First

Before anything else, you'll want to locate and carefully read your association's governing documents — typically the CC&Rs (Covenants, Conditions, and Restrictions), the Bylaws, and any Rules and Regulations. Your Bylaws in particular almost always contain the specific recall procedures your association follows: how many signatures are needed to call a special meeting, how notice must be given, how votes are counted, and what constitutes a valid removal. NRS Chapter 116 sets the legal floor, but your Bylaws may add additional requirements. Knowing both layers before you start will save you time and prevent procedural missteps.

Step 2: Determine the Recall Threshold and Petition Requirements

In Nevada, homeowners generally have the right to call a special meeting to vote on removing one or more board members. Most associations require a petition signed by a certain percentage of homeowners — often 10% to 25% of the membership, though your Bylaws set the exact number. You may want to draft a clear, factual petition that identifies the board member or members subject to recall, states the grounds, and collects signatures from unit owners in good standing. Keep a clean, organized copy of every signature page. It's also worth confirming whether the signatures must come from individual unit owners or from a percentage of total voting power, since some associations weight votes differently.

Step 3: Submit the Petition in Writing — and Create a Paper Trail

Once you have enough signatures, you'll typically submit the petition to the board or the HOA's registered agent in writing. Consider sending it via certified mail with return receipt requested so you have documented proof of delivery and the date it was received. Under NRS §116.4109, the HOA generally appears to be required to respond to homeowner requests within 21 business days, so keeping a written record of your submission and any response — or non-response — matters. Hold onto copies of everything: the signed petition, your mailing receipts, any written replies from the board, and any related correspondence leading up to this point.

Step 4: Understand the Special Meeting and Voting Process

Once a valid petition is submitted, the board is generally required to schedule a special meeting where homeowners vote on the recall. Your Bylaws will specify how much notice must be given before that meeting — and NRS Chapter 116 generally requires reasonable notice to all homeowners. At the meeting, the vote is typically conducted by secret ballot. Homeowners often have the right to vote by absentee ballot or proxy, depending on the association's rules. It helps to show up organized: bring copies of your petition, your governing documents, and any written documentation of the conduct that led to this effort. If the board attempts to postpone, cancel, or otherwise obstruct a properly called meeting, document every instance in writing.

Step 5: If the Board Doesn't Comply, Consider Escalating to the State

If your board refuses to schedule the meeting, ignores the petition, or otherwise fails to follow the process required by your Bylaws and NRS Chapter 116, you have escalation options. The Nevada Real Estate Division, Common-Interest Communities Unit is the state agency that oversees HOA compliance in Nevada. Homeowners can file a complaint with this agency when a board appears to be acting outside the bounds of state law. You may also want to send a formal written letter to the board referencing the specific statutes and Bylaw provisions the board appears to be disregarding — a documented, statute-referenced letter often carries more weight than an informal email, and it signals that you understand the rules.

When to Talk to a Licensed Attorney

The steps above are practical and genuinely within reach for many homeowners. That said, some situations go beyond what a self-help approach can safely handle. If a board member or the association has threatened legal action against you, filed a lien on your property, initiated foreclosure proceedings, or is retaliating against you for exercising your rights, those are situations where consulting a licensed attorney in Nevada is strongly worth considering. The same applies if there's a significant amount of money at stake — say, in disputed assessments or legal fees the HOA is trying to pass on to you — or if you're dealing with anything that touches on fair-housing or discrimination issues. A licensed Nevada attorney who works in HOA or real estate law can evaluate the specifics of your situation in ways that a self-help guide simply cannot.

For smaller, lower-stakes disputes — like a contested fine or a failure to respond to a records request — Nevada's Justice Court Small Claims process handles cases up to $10,000 and does not require an attorney. But even in small claims, if you're unsure whether your case qualifies or how to frame it, a brief consultation with an attorney can help you understand your position before you file.

Your Next Step

You now have a clearer picture of how the recall process works in Nevada, what statutes are generally in play, and what practical steps homeowners in your situation typically take. That's a solid foundation. The next piece is putting it into action — and a well-organized, statute-referenced letter to your board is often the most effective first move, whether you're formally starting a recall, demanding a response to a petition, or simply putting your concerns on the record in a way that can't be easily dismissed.

PushBackHOA is a self-help document tool that helps you organize your own letter, pulling in the relevant Nevada statute citations so your communication is grounded in the actual law — not just frustration. You review it,