May 12, 2026
HOA Neglecting Common Area Maintenance? How to Force Repairs in Nevada
Your HOA has a legal duty to maintain common areas. Here's how to enforce it. — Nevada specific laws and procedures.
You pay your HOA fees every month, expecting the association to keep common areas well-maintained, but instead you're watching the community pool crack, walkways crumble, or landscaping die from neglect. Meanwhile, your HOA seems more interested in sending violation notices than actually fixing problems that affect everyone's property values and quality of life. You're frustrated, and rightfully so — you deserve to know what options you have when your HOA isn't holding up its end of the bargain on maintenance responsibilities.
What State Law Generally Says
Nevada's Common-Interest Ownership Act, found in Nevada Revised Statutes Chapter 116, establishes the general framework for how HOAs must operate in the state. Specifically, Nevada Revised Statutes §116.3113 appears to require that HOAs maintain, repair, and replace common elements within the community. This statute generally places the responsibility for common area upkeep squarely on the association's shoulders, not individual homeowners.
The law also establishes procedural requirements that HOAs must generally follow when dealing with homeowners. Under Nevada Revised Statutes §116.4109, HOAs appear to be required to respond to homeowner requests within 21 business days. Additionally, Nevada Revised Statutes §116.3102 generally requires that HOAs enforce their governing documents in a uniform, non-discriminatory manner, which suggests they can't simply ignore maintenance issues in some areas while being strict about violations in others.
When it comes to enforcement actions against homeowners, Nevada Revised Statutes §116.31031 establishes specific procedural protections, including requirements for written notice that specifies violations, fine amounts, and hearing details. The statute also caps HOA fines at $100 per violation and $1,000 total per hearing, which can be relevant if an HOA has been issuing excessive fines while neglecting their own maintenance duties.
Steps a Homeowner Can Consider
Document the Maintenance Issues Thoroughly
Before taking any formal action, you may want to create a comprehensive record of the maintenance problems you've observed. Consider taking dated photographs of the neglected areas from multiple angles, noting specific safety hazards, deterioration, or cleanliness issues. Many homeowners find it helpful to keep a written log with dates, times, and descriptions of problems, especially if issues are getting progressively worse. This documentation can become valuable evidence if you need to demonstrate a pattern of neglect over time.
Review Your HOA's Governing Documents
Your CC&Rs, bylaws, and other association documents typically spell out exactly what maintenance responsibilities belong to the HOA versus individual homeowners. Consider reviewing these documents carefully to identify specific language about common area maintenance, landscaping, pool upkeep, or whatever areas are being neglected. You may want to look for any maintenance standards or timelines the HOA committed to following. Having these specific provisions in hand can strengthen any formal request you make later.
Submit a Written Maintenance Request
Many homeowners start with a formal written request to the HOA board or management company, clearly describing the maintenance issues and referencing the association's obligations under both state law and the governing documents. Consider sending this request via certified mail with return receipt requested, so you have proof of delivery. You may want to reference Nevada Revised Statutes §116.3113 and §116.4109 in your letter, noting that the HOA appears to have 21 business days to respond under state law. Be specific about what repairs or maintenance you're requesting and include your documentation.
Follow Up on Response Deadlines
If the statutory 21 business day response period passes without adequate response from your HOA, you may want to send a follow-up letter noting the apparent deadline has passed. Some homeowners choose to escalate their concerns to the full board if they initially contacted management, or to copy board members if they initially wrote only to the president. Consider maintaining your professional tone while clearly documenting the timeline and lack of response for your records.
File a Complaint with State Regulators
Nevada homeowners can file complaints with the Nevada Real Estate Division's Common-Interest Communities Unit when HOAs appear to be failing to meet their statutory obligations. This state agency handles HOA-related complaints and may investigate associations that aren't following Nevada law. While regulatory action can take time, having an official complaint on file creates a formal record and may prompt the HOA to address maintenance issues more seriously.
When to Talk to a Licensed Attorney
While many maintenance disputes can be handled through self-help methods, certain situations definitely warrant consultation with a licensed Nevada attorney who handles HOA matters. If your HOA has filed a lien against your property, initiated foreclosure proceedings, or if you're facing a lawsuit, these are complex legal matters that go beyond basic maintenance requests. Similarly, if the maintenance neglect has caused actual damage to your property, or if you're dealing with potential safety hazards that could result in liability issues, an attorney can advise you on your legal options.
You should also consider consulting an attorney if you believe the HOA's maintenance neglect is discriminatory in nature, targeting certain areas or homeowners while maintaining others, as this could raise fair housing or civil rights concerns. Large dollar amounts — whether in terms of needed repairs or potential property damage — also typically warrant professional legal advice. Finally, if your HOA is retaliating against you for raising maintenance concerns, such as suddenly finding violations with your property or targeting you for increased scrutiny, an attorney can help protect your rights.
Your Next Step
Now that you understand Nevada's general legal framework around HOA maintenance obligations and have a roadmap of potential steps to consider, you're in a better position to decide how to proceed with your specific situation. Remember that documentation and following proper procedures can be key to getting results from an unresponsive HOA.
If you're ready to put your concerns in writing to your HOA, PushBackHOA can help you organize a statute-referenced letter that you review, customize, and send yourself. Our self-help document tool walks you through the process of creating your own formal communication, incorporating relevant Nevada statutes and your specific maintenance concerns. You can get started with our Nevada HOA dispute letter tool. Keep in mind that HOA response deadlines and appeal periods can vary depending on your specific situation and governing documents, so reviewing any notices you've received for stated deadlines is always a good practice.
This article is general information only and is not legal advice. PushBackHOA is a self-help document tool, not a law firm. Statutes and procedures change, and the right answer depends on the specific facts of your situation. For any complex matter — including liens, foreclosure, lawsuits, or significant financial exposure — please consult a licensed attorney in your state.