How To File A NRED Complaint
If you are having issues in your HOA and working with the manager has been unsuccessful- what can you do?
First, Contact your HOA director(s) for assistance and answers- and not just an email or text. Ask to meet. Please, don't just "b--ch". Take time to become knowledgeable. This site has a wealth of resources and seek out others. Our contact information is on this website. NRED has provided some good presentations. Be a constructive force. Not just a detractor.
Second, check your governing documents for an association internal dispute resolution program.
Third, if still no resolution and you believe a violation has occurred, contact NRED- Ombudsman's office. Ask they help- it is after all their duty as a regulator. Important: The Ombudsman can only investigate statutory violations—meaning violations of NRS 116 or NAC 116. They cannot rule on or enforce CC&R or bylaw disputes. The Ombudsman's office should help to inform you of the law. But do not expect much- read more below. They will not give you an interpretation of CC&Rs. In any case, it is worth your time to try.
Caution: Before formally filing anything be sure to check your association's governing documents for its dispute resolution procedures. Most CC&Rs have provisions waiving/releasing the respondent of any liability if, following what is typically a short period of time, the claimant fails to make proper notice, fails to participation in any mandatory procedures, and/or fails to act expediently to advance a claim once completing any mandatory procedures. Make sure you understand what constitutes a "claim", the procedures, time lines, and implications of any formal action you may undertake.
Fourth, if your concern involves a potential violation of the statutes (NRS 116 or NAC 116) you can file an Intervention Affidavit (Form 530). Before filing, you must send a certified letter (return receipt) to the “respondent” (usually the association or another owner) explaining the problem and giving them a chance to fix it. It is recommend allowing at least 10 days for a response. If the respondent does not answer and/or the issue isn’t resolved, you are now able to file your affidavit and supporting documents with NRED. The forms and instructions are on NRED’s website.
BEFORE FILING LITIGATION YOU WILL NEED TO EXHAUST ALL ADMINISTRATIVE OPTIONS (see NRS 38.310 required action.) The NRED's Alternate Dispute Resolution (ADR) Process can be found here. Explore the following related blogs:
Nevada Knows Fee-Shifting Is Dangerous — But Uses It In HOAs
Dispute resolution (ADR) reform must be a Legislative priority
Nevada Supreme Court Ignores the Law on HOA Disputes—Become Policy Makers In Robes
The complaint process against a homeowner's association board member or unit owner:
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Print Form 530, Intervention Affidavit.
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The form will require a notary. One is available at the NRED office at no cost.
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Send a certified return receipt letter to the HOA (or unit owner) detailing your complaint and a suggested resolution. The complaint will be rejected and you will need to start over if this is not completed.
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Wait at least 10 calendar days. Then attach a copy of your certified letter and a copy of the certified return receipt card to the completed Intervention Affidavit.
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Provide a summary explanation of your issue. The form 530 provides little space. Attached additional inform as needed.
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Mail, or hand deliver, the notarized Intervention Affidavit to the Ombudsman’s office.
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The Ombudsman shall give such guidance to the parties as the Ombudsman deems necessary to assist the parties to resolve the alleged violation. The office will send you a letter informing you it has received the IA and providing a file number.
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If the Ombudsman fails to engage and/or the parties are unable to resolve the alleged violation with the assistance of the Ombudsman, the office shall provide to the Division a report concerning the alleged violation and any information collected by the Ombudsman during his or her efforts (if applicable) to assist the parties to resolve the alleged violation.
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At this point, the Ombudsman will either terminate your complaint or forwarded it to the Division for investigation. You should get a letter in either case.
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The Division will then assess the merits of investigating you complaint. It will either conduct an investigation to determine whether good cause exists to proceed with a hearing on the alleged violation or terminate your complaint. Here again, you will get a third letter. It will include a case number and the name of the investigator.
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If, after investigating the alleged violation, the Division determines that the allegations in the affidavit are not frivolous, false or fraudulent and that good cause exists to proceed with a hearing on the alleged violation, the Administrator shall file a formal complaint with the Commission and schedule a hearing on the complaint before the Commission or a hearing panel.
Thoughts on the process having used it.
Even if you follow every step above, it’s important to understand that Nevada’s dispute-resolution system does not work the way many owners assume. It was meant to provide quick, low-cost help for everyday HOA problems. In practice, it is often slow, limited, and highly discretionary.
NRED may help—but only with statutory violations.
They cannot interpret your CC&Rs, settle board disputes, or force the association to follow its own governing documents. Expect investigators to take at face value whatever response the HOA provides, often through attorneys who interact regularly and have close ties to the Division. For more insight on this dynamic, I recommend reading this article on regulatory capture from The Nevada Current.
Most Intervention Affidavits (IA) never reach a hearing.
NRED screens many cases out early. Others are closed as “unsubstantiated,” sometimes without ever speaking with the complainant. Only a small number are forwarded to the Commission for a decision.
Confidentiality, as used by NRED, means you may never really know why your case was closed. Unless your case is formally referred for a hearing, and few are, do not expect details about the investigation, NRED’s reasoning, or what evidence was considered and was not considered.
The ADR process—used only for CC&R disputes—is not likely to give you a neutral determination. Nevada has three ADR options: mediation, arbitration, and the referee program. All are non-binding unless all partied agree.
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Mediation is the default unless all parties agree otherwise, and mediation does not produce a decision. Division reporting shows fewer than one in three mediations result in a resolution.
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The referee program does offer a written merits determination and is very low-cost—but owners should not expect an HOA to choose it. Multi-year data shows less than 5% of ADR cases go to a referee.
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Arbitration is available, but it can be expensive and is often resisted by associations.
In short, ADR is something you must complete, but it rarely gives owners a clear or neutral ruling on what their documents require.
Litigation should be your last option. HOA litigation is slow, costly, and uncertain. Nevada courts apply legal doctrines—like the Business Judgment Rule—that make many HOA decisions difficult to challenge, even when an owner believes the HOA is plainly in the wrong. For most owners, litigation will cost far more than the issue at stake. And remember: your HOA is defending the case using the collective resources of you and your neighbors, giving it a significant financial advantage over any individual owner.
Bottom line
You should try Nevada’s system—it can address some clear statutory violations. But do not assume the process will be quick, decisive, or transparent. Many issues are best addressed early and directly within your community.
NVHOAReform is committed to changing this.
Our goal is to make Nevada’s dispute-resolution system fairer, more accessible, and more effective for homeowners. Until meaningful reforms are adopted, owners need to approach the current system with realistic expectations and good information.
