NRS 116.3117: Liens against association. · HOA Stories
Nevada law · Common-Interest Communities
NRS 116.3117
Liens against association.
The statutory text
Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.
����� 1. In a condominium or planned community:
����� (a) Except as otherwise provided in paragraph
(b), a judgment for money against the association, if a copy of the docket or
an abstract or copy of the judgment is recorded, is not a lien on the common
elements, but is a lien in favor of the judgment lienholder against all of the
other real property of the association and all of the units in the
common-interest community at the time the judgment was entered. No other
property of a unit�s owner is subject to the claims of creditors of the
association.
����� (b) If the association has granted a security
interest in the common elements to a creditor of the association pursuant to NRS 116.3112 , the holder of that security
interest shall exercise its right against the common elements before its
judgment lien on any unit may be enforced.
����� (c) Whether perfected before or after the
creation of the common-interest community, if a lien, other than a deed of
trust or mortgage, including a judgment lien or lien attributable to work
performed or materials supplied before creation of the common-interest
community, becomes effective against two or more units, the owner of an
affected unit may pay to the lienholder the amount of the lien attributable to
his or her unit, and the lienholder, upon receipt of payment, promptly shall
deliver a release of the lien covering that unit. The amount of the payment
must be proportionate to the ratio which that owner�s liability for common
expenses bears to the liabilities for common expenses of all owners whose units
are subject to the lien. After payment, the association may not assess or have
a lien against that owner�s unit for any portion of the common expenses
incurred in connection with that lien.
����� (d) A judgment against the association must be
indexed in the name of the common-interest community and the association and,
when so indexed, is notice of the lien against the units.
����� 2. In a cooperative:
����� (a) If the association receives notice of an
impending foreclosure on all or any portion of the association�s real estate,
the association shall promptly transmit a copy of that notice to each owner of
a unit located within the real estate to be foreclosed. Failure of the
association to transmit the notice does not affect the validity of the foreclosure.
����� (b) Whether an owner�s unit is subject to the
claims of the association�s creditors, no other property of an owner is subject
to those claims.