Nevada HOA Records Requests: The List Is Not the Limit

Many Nevada homeowners are told they can inspect only a short list of HOA records: the financial statement, budget, reserve study, contracts, and court records. That answer is incomplete.

NRS 116.31175 and NRS 116.3118 gives owners a broader right. Together the statutes say that, upon written request, the executive board must make available the “books, records and other papers of the association” for review- to includes "all financial" records. It then lists several examples, including financial statements, budgets, reserve studies, contracts, and court records.

The key words are “including, without limitation.”

That phrase matters. I read it to mean the listed records are examples. They are not the outer boundary of an owner’s inspection rights.

Requesting HOA records

The Common Manager Response

Owners often hear some version of this:

“That record is not listed in NRS 116.31175, so we do not have to provide it.”

That response misunderstands the statute.

NRS 116.31175 does not say owners may review only the records listed in subsections 1(a) through 1(d). It says owners may review the books, records, and other papers of the association, including, without limitation, the listed categories.

So the better question is not: “Is this exact record named in the statute?”

The better question is: “Is this a book, record, contract, or other paper of the association, and does a statutory exception apply?”

If the record belongs to the association, was prepared for the association, was used by the association, relates to association business, or supports board decision-making, the starting point should be access — not denial.

Examples of Records That Should Be Covered

Important association records may not be specifically named in subsections 1(a) through 1(d). That does not automatically make them off-limits.

Depending on the facts, owner-review rights may include records such as vendor bids, proposals, invoices, work orders, maintenance records, management reports, board packets, project documents, reserve-expenditure records, insurance materials, election materials, and general violation records.

Some of those records may require redaction. Some may contain privileged, confidential, or owner-specific information. Some may fall within a statutory exception. But the association should not deny access simply because the record is not listed word-for-word in NRS 116.31175(1)(a)–(d).

The statute starts broadly. The exceptions come later.

Examples of Records That Could Be Denied

Broad access does not mean unlimited access. An association can withhold certain records if it falls within one of those excluded categories: personnel records of association employees, records relating to another unit owner, or certain documents still being developed for final board consideration. (NRS 116.3117(4))

For example, an owner may not be entitled to review another owner’s architectural application file, private violation correspondence, payment history, personal contact information, or other owner-specific materials. Similarly, an association may properly withhold employee personnel records, although records relating to hours worked, salaries, and benefits are treated differently under the statute.

In many cases, the proper response may be redaction rather than complete denial. If a vendor invoice, board packet, management report, or project file contains limited confidential information, the association should identify the specific basis for withholding or redacting that portion rather than deny the entire category of records.

The point is not that owners are entitled to every document in every circumstance. The point is that NRS 116.31175 begins with broad access and then identifies the excluded categories in subsection 4. If an association refuses access, the owner should not treat the refusal as self-explanatory. The owner should ask which subsection 4 exclusion the association is relying on. A general statement that a record is “not listed,” “confidential,” “held by management,” or “voluminous” does not answer the statutory question.

The better question is:

Which part of NRS 116.31175(4) makes this record unavailable for owner review?

That question keeps the issue on transparency. The exclusions are specific.

What NRED Has Said

This broader reading is not just owner advocacy. NRED’s own Advisory Opinion 12-03-116 states that, generally, association records are available for review unless a limited exception applies. It also explains that NRS 116.31175(4) identifies the categories of documents not subject to the owner-review requirement.

That is important because it confirms the structure of the statute:

First, broad access to association books, records, and other papers.

Second, specific exceptions.

Not the other way around.

NRED’s shorter educational materials sometimes emphasize examples such as budgets, reserve studies, contracts, court records, and financial records. Those examples are useful, but they can be misleading if managers treat them as an exclusive list. They are not.

The 21-Day Misunderstanding

There is another common mistake.

NRS 116.31175 contains a 21-day requirement for certain records, including the financial statement, budget, and reserve study. Some managers treat that as a general 21-day response window for all records.

That is not the best reading.

The 21-day copy requirement applies to specific listed records. It does not mean an association automatically has 21 days to delay every records request, especially when the requested record is needed to understand an upcoming board agenda item.

For many other records, the statute requires the association to make records available for review at the association’s business office or another proper business location during regular working hours. The statute does not create a general 21-day excuse for delay.

Draft records on the agenda not exempt.

The “Draft” Misunderstanding

Managers also commonly reject requests by saying a document is a “draft.”

But NRS 116.31175 does not create a blanket draft exemption. A document being developed for final board consideration may be withheld only if it has not been placed on an agenda for final approval.

That distinction is critical.

A proposed budget, project proposal, design package, or contract may still be called a draft because the board has not yet approved it. But once the document is placed on an agenda for final approval, the association should not withhold it merely by calling it a draft.

Budgets are a common example. A proposed budget is not final until adopted. But if the board places the proposed budget on the agenda for approval, owners should be able to request and review it before the board acts. Otherwise, the owner’s right to comment is reduced to guesswork.

Note: The statute leaves a practical gap. It does not clearly say what happens when a draft document is placed on an agenda for discussion, direction, preliminary review, or non-final consideration. In those situations, the association may argue that the document is still being developed and has not yet been placed on an agenda for final approval. The owner’s problem is obvious: by the time the document reaches “final approval,” the board may already have shaped the issue, narrowed the options, or signaled the outcome.

That is why Nevada needs clearer regulatory guidance. Records materially related to a noticed board agenda item should be available early enough for owners to understand the issue before the board acts in substance, not merely before the final vote.

How Owners Should Frame the Request

Owners should make records requests in writing. Email is usually the easiest way to create a record.

Instead of asking generally for “all documents,” identify the specific records or subject matter.

For example:

Please make available for my review the records provided to the executive board or included in the board packet for the agenda item concerning the proposed landscape contract, including, as appropriate, the proposed contract, bid or proposal, cost summary, management recommendation, and any supporting materials the board is expected to review or rely on when considering that item.

If the association refuses, ask for the specific legal basis:

If any record is being withheld, please identify the specific statutory exception or legal basis for withholding it.

That forces the issue. The association should not be able to respond with a general statement that the record is “not listed,” “a draft,” “under review,” “held by the manager,” or “voluminous.”

Bottom Line

Nevada owners have broader records rights than many are told.

NRS 116.31175 is not limited to the few records listed in subsections 1(a) through 1(d). Those records are examples. The statute applies to the books, records, contracts, and other papers of the association, subject to specific exceptions.

If your association denies a records request, do not stop at “it is not on the list.” Ask the association to identify the specific statutory exception that allows the record to be withheld.

Transparency should be the rule. Exceptions should be specific, limited, and explained.

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Note: This post is for general educational purposes and is not legal advice. Records disputes can turn on the specific facts, the wording of the request, the type of record involved, applicable confidentiality or privilege issues, and the association’s governing documents. Owners facing a records dispute should consider consulting Nevada Real Estate Division/Ombudsman for guidance.