Nevada HOA Resale Package: The 10-Day Rule (NRS 116.4109)

The Nevada HOA resale package is the most deadline-sensitive document in a Las Vegas or Reno sale, and the one most likely to be late. Escrow opens, the agent emails the management company, and then nothing happens for two weeks while the closing date quietly becomes unreachable.

NRS 116.4109 does not leave this to goodwill. It tells the association what to produce, gives it 10 days to produce it, caps what it may charge, and hands the buyer a cancellation right that runs from the day the package lands. It also, since the 2025 session, requires something new that a lot of associations have not caught up with.

Here is how the section works from both sides of the transaction.

What goes in a Nevada HOA resale package?

Under NRS 116.4109(1) the seller must furnish the buyer a package containing:

• The declaration, other than the plats and plans, the bylaws, and the association’s rules and regulations.
• The information statement required by NRS 116.41095, which has a form prescribed by statute.
• A statement of the monthly assessment and any unpaid obligations of any kind currently due from the selling owner, including management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorney’s fees.
• The current operating budget and a year-to-date financial statement, including a summary of the reserves.
• A statement of unsatisfied judgments and pending legal actions against the association, and the status of any such action.
• A statement of any transfer fees, transaction fees or other fees associated with the resale.
• A description of the current and expected fees, including association fees, fines, assessments, late charges, penalties and applicable interest rates.
• Proof of the required insurance policies. This is the new one.

Read that list as a due-diligence checklist rather than paperwork. The reserve summary and the litigation statement are where a buyer finds out that a special assessment is coming, and the fee description is where a buyer finds out what the association will charge them for the privilege of arriving. If your association is producing a package that skips the reserve summary or waves at pending litigation in a single line, the package is incomplete.

The insurance requirement most associations have missed

AB 396, passed in the 2025 session, added proof of the required insurance policies to the list in NRS 116.4109(1). The association holds those policies, so in practice the association supplies the proof as part of the package it furnishes under subsection 3, and the seller passes it on.

It is worth asking for specifically. Insurance is the live issue in Nevada community associations right now, and a buyer who receives a package with no evidence of coverage is buying into an unknown. AB 396 also raised the maximum administrative fine for a violation of Chapter 116 from $1,000 to not more than $5,000, and made owner-friendly changes to the termination provisions in NRS 116.2117, so it is a bill worth a proper read if you sit on a board.

The 10-day clock, and the buyer’s 5 days

Deadline one belongs to the association. Within 10 calendar days after receiving a written request from the unit’s owner or the owner’s authorised agent, the association must furnish the documents and the certificate. Calendar days, not business days, so a request made on a Thursday before a holiday weekend does not buy the management company extra time.

Deadline two belongs to the buyer. The buyer may cancel the purchase contract by written notice until midnight of the fifth calendar day following the date of receipt of the resale package, and the purchase contract must contain a provision to that effect. Cancellation is without penalty and payments are refunded. The right expires once the buyer accepts conveyance.

Three practical points follow.

Request in writing, and keep the proof. The 10 days run from receipt of a written request. A phone call to the management company starts nothing you can later demonstrate. Email or the management portal, with a timestamp.

Order it the day escrow opens. Ten calendar days for the association, five calendar days for the buyer, plus delivery time, is the better part of three weeks before the buyer’s cancellation right has even run out. Sellers who order the package a week before closing have created their own problem.

Do not hand the buyer an incomplete package and start the clock. The five days run from receipt of the package described in subsection 1. A package missing required contents is arguably not that package, which leaves the cancellation window open longer than anyone intended. Neither side benefits from ambiguity here.

If you are a buyer, use the five days for what they are for. Read the reserve summary, read the litigation statement, and read the rules. Nevada gives you a statutory window to discover that the community has a $4 million roof problem and a governance dispute, and the window closes at midnight on day five whether you opened the documents or not.

What the association may charge for a Nevada HOA resale package

NRS 116.4109 caps the fees, and the caps are specific:

• Resale certificate: a reasonable fee based on the actual cost the association incurs, not exceeding $185.
• Expedited certificate: if the owner asks for it sooner than three business days after the request, an additional fee of not more than $100.
• Statement of demand: not more than $165, plus an additional fee of not more than $100 to furnish it within three business days of a written request.
• Copying: 25 cents per page for the first 10 pages, 10 cents per page after that.

Two things to note. The expedite charge is additional, not a substitute, so an association may lawfully charge the base fee plus the expedite fee where an expedited request is made. And the caps adjust: the amount may increase annually by the percentage increase in the Consumer Price Index (All Items), but by no more than 3 percent each year. So the lawful 2026 maximum is somewhat above the figures written in the statute, and a demand slightly over $185 is not automatically improper.

What is improper is a management company invoice that bundles a “document fee,” a “processing fee,” a “rush fee” and a “portal fee” into a number several times the statutory cap. The fee for the certificate “must be based on the actual cost the association incurs.” If you are being asked for $400, ask which subsection authorises it. Frequently no one can answer.

The association’s own records are the check on this. A Nevada HOA records request under the 21-day rule will produce the management contract and the fee schedule, and those two documents usually settle the argument about what the association is actually incurring.

The statement of demand is a different document

These get conflated constantly, including by people who order them for a living. The resale package under subsection 1 is the disclosure bundle that triggers the buyer’s five-day cancellation right. The statement of demand, which has its own fee cap of $165, is the association’s statement of what must be paid at closing to clear the account.

They serve different purposes, they can be ordered separately, and they can disagree with each other. When they disagree, the practical question is which one binds, and that brings us to the most useful provision in the section.

A buyer is not liable for more than the certificate says

NRS 116.4109 protects the buyer against the association’s own errors in two distinct ways.

First, neither the buyer nor the buyer’s interest in the unit is liable for any unpaid assessment or fee greater than the amount set forth in the documents and certificate prepared by the association. If the association certifies $1,200 of delinquency and later discovers it was $9,000, the buyer’s exposure is $1,200. The association’s recourse is against the seller, not against the new owner’s title.

Second, where the association fails to furnish the documents and certificate within the 10 calendar days, the buyer is not liable for the delinquent assessment. Late performance by the association has consequences for the association.

This is why a buyer should never proceed on a verbal figure from a management company, and why a seller should read the certificate before it goes out. An understated certificate is a windfall for the buyer and a problem for the seller, because the debt does not disappear. It simply stops travelling with the unit.

It also matters where a delinquency is heading toward enforcement. A certified figure sets the ceiling on what passes to the buyer, but the association’s lien and its collection rights against the seller are a separate track. If the account is far enough behind that foreclosure is in view, read that alongside the Nevada HOA foreclosure process and the super-priority lien, because the two interact at closing.

If the association will not produce it

A workable sequence:

1. Put the request in writing and date it. Email or portal submission from the owner or the owner’s authorised agent. Keep the proof of delivery.
2. Calendar day 10. Calendar days, not business days.
3. Follow up in writing on day 11, citing NRS 116.4109 and the date of the original request. State the consequence, which is that the buyer is not liable for the delinquent assessment where the association has not furnished in time.
4. Check the invoice against the caps before paying it. Base fee, expedite fee if genuinely expedited, copying at the statutory per-page rates, and nothing else.
5. Read what arrives against the subsection 1 list. Missing reserve summary, missing litigation statement or missing proof of insurance means an incomplete package, and the buyer’s five days are the place to raise it.
6. Escalate. The Nevada Real Estate Division’s Ombudsman handles complaints against associations, and the complaint process is a genuine option short of litigation. Our guide to HOA dispute resolution covers the pre-litigation steps, and AB 396’s increase of the administrative fine ceiling to $5,000 has made the complaint route rather more meaningful than it was.

One structural point for sellers in master-planned communities. If your home sits in a two-tier structure you may need a package, or at least a statement of demand, from both the master association and the sub-association, and they will not coordinate with each other. Order both at once and read how two-tier HOAs work in Nevada before you assume one document covers the property.

Frequently asked questions

Conclusion

Resale package disputes are almost always timing disputes wearing a disguise. The statute is clear about what has to be produced, how long the association has, what it may charge and what happens when it gets the number wrong. What goes wrong is that the request is made verbally, made late, or paid without anyone checking the invoice against the cap. Order the package in writing the day escrow opens, diarise day 10, check the fee, and read what arrives against the subsection 1 list. And ask for the proof of insurance, because since AB 396 it belongs in the package and a great many associations are still sending last year’s version.