Nevada Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

NRS 116.3107(1) says that, except as the declaration provides otherwise, the association has the duty to maintain, repair, and replace the common elements, and each owner has the duty to maintain, repair, and replace their own unit. Owners must give reasonable access through their unit for these repairs. If damage happens where access is taken, whoever is responsible for the damage pays for prompt repair. Unless the governing documents say otherwise, costs to maintain or replace a limited common element are assessed against the units it serves (NRS 116.3115(4)).

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

Unless the declaration says otherwise, NRS 116.2102 makes drywall, plaster, paint, tile, wallpaper, finished flooring, and other finished surfaces part of the unit. The rest of the wall, floor, or ceiling is a common element. A pipe or duct serving only one unit is a limited common element of that unit. Balconies, patios, exterior doors, windows, and pads and mounts for heating and air conditioning equipment that serve one unit are limited common elements of that unit.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• The association maintains common elements and owners maintain their units, unless the declaration says otherwise (NRS 116.3107).
• The board must have a reserve study done at least every 5 years and review it every year (NRS 116.31152).
• Reserve studies generally must be done by a person holding a state permit, with a small exception for some rural associations (NRS 116.31152(2)).
• Buyers can cancel the contract until midnight of the 5th calendar day after receiving the resale package (NRS 116.4109(2)).
• Pads and mounts for heating and air conditioning equipment serving one unit are limited common elements by default (NRS 116.2102(4)).
• Many HOA disputes must be submitted to mediation before a lawsuit can be filed (NRS 38.310).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in Nevada

Insurance and deductibles

NRS 116.3113 requires the association to carry property insurance on the common elements of at least 80 percent of actual cash value after deductibles, commercial general liability insurance, and crime insurance covering board members, officers, and managers. In buildings with stacked units or shared walls, the property policy must include the units to the extent reasonably available, but not owner improvements. A 2025 amendment allows an exception for association wildfire coverage that coordinates with owners' own wildfire policies. If required insurance is not reasonably available, the association must notify owners.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a Nevada condo

Under NRS 116.4109, the seller must give the buyer a resale package. It includes the declaration, bylaws, rules, an information statement, a statement of assessments and amounts owed, the budget and year-to-date financials with a reserve summary, pending lawsuits, fees, and proof of insurance. The association must supply its documents within 10 calendar days of the seller's request. The certificate fee is capped (with yearly inflation adjustments). The buyer may cancel until midnight of the 5th calendar day after receiving the package.

Frequently Asked Questions

Who is responsible for the AC unit on a Nevada condo roof or pad?

Nevada law specifically lists pads and mounts for heating and air conditioning equipment that serve one unit as limited common elements of that unit, unless the declaration says otherwise (NRS 116.2102). Costs for limited common elements are generally charged to the unit served. The equipment itself is often the owner's responsibility, but check your declaration for the exact split.

How often does a Nevada HOA need a reserve study?

At least once every 5 years under NRS 116.31152. The board must also review the study each year and adjust the funding plan if needed. In most cases the study must be done by someone with a state permit. A summary goes to the Real Estate Division within 45 days after the board adopts the results.

Can I back out of a Nevada condo purchase after reading the HOA documents?

Yes. Under NRS 116.4109, you can cancel by written notice until midnight of the 5th calendar day after you receive the resale package. Cancellation is without penalty and your deposit must be refunded promptly. The right ends once you accept the deed, so read the package as soon as it arrives.

Does the Nevada HOA master policy cover the inside of my unit?

In buildings with stacked units or shared walls, the master property policy must include the units to the extent reasonably available, but it does not have to cover improvements owners installed (NRS 116.3113). The declaration and policy decide the details, including the deductible. Most owners still need an HO-6 policy for upgrades, contents, liability, and deductible exposure.