Nevada due diligence
Nevada Condo Due Diligence Checklist
Nevada’s condominium and HOA laws are moderately to highly regulated under NRS Chapter 116 (the Nevada Uniform Common-Interest Ownership Act). Boards are legally mandated to conduct reserve studies (every 5 years) and fund major repairs, and a comprehensive resale “package” is required by law with ample disclosures.
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However, enforcement is mostly civil (via the Real Estate Division and an Ombudsman) rather than criminal.
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The Nevada document checklist
29 documents to review — 0 required by Nevada statute. Every item explains what to verify.
Confirm you received these
Commonly provided in the resale package — verify none are missing.
- Declaration / CC&Rs — *Required by statute*. Contains use restrictions, rights, obligations.
- Bylaws — *Commonly provided*. Board composition, meeting rules.
- Rules & Regulations — *Usually provided*. HOA policies (parking, rentals, pets).
- Public Offering Statement — *If condo was sold in a development stage; otherwise N/A for resale.*.
- Resale Package — *Required by statute (NRS 116.4109)*. Includes declaration, bylaws, disclosures, transfer fee statement, buyer cancellation notice.
- Current Budget (Operating & Reserve) — *Statutorily required in resale package*. Buyer must ask if not included.
- Year-to-Date Financials — *Required in resale package*. Shows current financial status.
- Balance Sheet & Income Statement — *Often provided with financials; not automatically, but must allow owner inspection (NRS 116.3118)*.
- Reserve Study — *Required by law but not always delivered proactively*. Must request; association must show it to buyers on request.
- Reserve Account Statement — *Not statutorily required, but prudent to ask to gauge funding level*.
- Meeting Minutes (Board/Annual) — *Owners have statutory right to inspect*. Not auto-delivered in resale; buyer should request recent minutes (min 1 year).
- IRS 1098/Tax Returns of Association — *Common practice for condos (since they own buildings)* but not required; gives insight into depreciation and spending.
- Special Assessment Notices — *May not be auto-disclosed; ask for any board memos or approved special assessments not yet levied*.
- Insurance Master Policy & Dec Page — *Not statutorily required to be in resale package*. Buyers should request the master policy (coverages, deductibles) from the association. At minimum, get a summary of coverages and amounts from the seller or agent.
- Deductible Schedule — *Not mandatory but important*. Ask to see association insurance deductibles (especially for wind/quake/water).
- Claims History — *Not required; but buyer should request* (how often association claimed on insurance can indicate problems).
- Pending Litigation Summary — *Required by statute (NRS 116.4109)*. Sellers must disclose known lawsuits; verify with seller/agent and public records.
- Engineering / Inspection Reports — *Not required but valuable*. If the building or HOA commissioned structural or ADA inspections, buyers should obtain copies.
- Facade/Balcony Inspection Reports — *Not mandated, but if available (e.g. pre-Surfside checks)*, request them.
- Other Building Reports — e.g. Roof inspection, elevator safety certificates, fire system tests. Not required by NRS, but associations often keep these (buyers should ask if concerned).
- Delinquency Report — *Not required by statute*. Buyer can request (NRS 116.31175 allows owner to see records; some associations provide an arrears report on request). High HOA delinquency warns of financial stress.
- Homeowners Insurance Policies (if applicable) — *Owners typically insure inside unit & personal; not an association document, but lenders may require proof*.
- Developer Transition Documents — *If association is relatively new or developer-controlled*, obtain any documents on turnover of control (often in meeting minutes or transition plan as per NRS 116.31039).
- Community Manager Contract — *Not required, but useful to review fees; can ask*.
- Certificate of Insurance (COI) — *Not mandatory to give buyer, but if provided, shows coverages/deductibles*.
- Required by statute — Resale package, budgets/financials, liens/assignments certificate (statement of demand).
- Commonly provided — CC&Rs, bylaws, rules, budgets, financials, meeting minutes (often included in packet or on request).
- Proactive request — Reserve study, insurance policies, claim history, professional inspection reports, delinquency report.
- Important in Nevada — Reserve study (because law ties financing to it), insurance deductibles/coverages (wildfire/quake risk), and any developer disclosures (if recently turned over).
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Get my free risk report →Where Nevada due diligence deserves the most attention
Legal complexity (7/10) — Nevada has an extensive codified framework (NRS 116) governing almost every aspect of HOA operation, making for complex compliance.
Buyer disclosure risk (6/10) — High statutory disclosure requirements reduce unknowns, but complacency or noncompliance can expose buyers.
Insurance risk (4/10) — Moderate (no hurricanes, but wildfire and quake are concerns; NB will likely rise).
Legal Framework
Condominiums: Nevada’s condo law is found in NRS Chapter 116 (“Common-Interest Ownership (Uniform Act)”) and Chapter 117 (“Condominiums”). Chapter 116 (adopted 1991, updated continually) governs most condominium and HOA communities in NV and is modeled on the Uniform Common-Interest Ownership Act (UCIOA). It applies to all planned communities and condos, new and old (pre-1992 associations are grandfathered for some provisions).
Reserve Studies and Reserve Funding
`missing_reserve_study` – No study on file or unknown date.; `reserve_study_outdated` – Study older than 5 years.; `low_reserve_balance` – Actual reserves <50% of recommended.; `percent_funded_weak` – (Buyer-defined threshold below industry norm).
Structural Inspections and Building Safety
`no_structural_inspection_plan` – No evidence of recent façade/balcony/garage inspection (for older high-rises).; `post_surfside_requirements` – (NV does not have specific rules; buyer caution if building >5 stories or near 40+ years old).; `unlicensed_inspector` – If structural inspections are done by unlicensed personnel (statute requires licensed inspectors for structural reviews).; `local_building_code_violation` – Known code violations in municipal records.
Insurance Requirements and Insurance-Market Risk
`master_policy_missing` – No evidence of required master property insurance.; `liability_policy_missing` – No liability insurance or amount unclear.; `fidelity_coverage_missing` – No fidelity bond noted (statute requires high limits).; `wind_hail_excluded` – HOA policy excludes common NV hazards.
Resale Disclosures and Buyer Cancellation Rights
Nevada law mandates a detailed Resale Package (often called “Resale Certificate”) under NRS 116.4109. Unless an exemption applies, the seller (at seller’s expense) must deliver to the buyer – typically via the owner’s agent – a package including:
Assessments, Special Assessments, and Borrowing
For special assessments (beyond the regular budget), NRS 116.3115 does not generally require a membership vote, except that owners must be notified (21 days in advance) of any meeting addressing a capital-improvement assessment. Associations may also borrow money or take loans to cover expenses. Nevada law is silent on requiring owner approval for borrowing, so association bylaws usually govern (most require a vote for large loans).
Nevada legal references
- Nevada Dept. Business & Industry – Ombudsman Office
- Nevada Real Estate Division – CIR Legal Education Manual (NV Bar)
- Justia (NV Rev. Stat.)
- Justia (NV Rev. Stat.)
- Justia (NV Rev. Stat.)
- Justia (NV Rev. Stat.)
- Justia (NV Rev. Stat.)
- Justia (NV Rev. Stat.)
- Justia (NV Rev. Stat.)
- Justia (NV Rev. Stat.)
- Justia (NV Rev. Stat.)
- Nevada statutes – Insurance (NRS 686B)
- NV statutes/regs on Reserve Specialists
- Real estate division brochures (pdfs)
Informational only. Not legal advice. Always confirm against the current statute and counsel.
Need help applying these Nevada statutes to your specific purchase? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Nevada specialist →How CondoSignal reviews this
We read the reserve study, operating budget, and 24 months of meeting minutes together — nevada condo documents risk usually lives in the contradiction between documents, not in any single one of them. Every finding cites the source document, the page number, and the quoted text behind it.
See our 8-category framework →Risk Intelligence
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FAQ
Frequently asked questions
Risk Intelligence
Review the documents before your contingency ends
Most buyers get 7–14 days to review condo documents. Upload the packet — we read the reserve study, budget, minutes, and insurance summary and flag the risks, every finding linked to the exact page. Free.
Expert Matching
Need a real estate lawyer or mortgage specialist?
We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
- HOA lawyer
- Realtor
- Mortgage broker