Pursuant to NRS 38.310 a civil action based upon a claim relating to: (a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or (b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property, cannot be commenced in any Nevada court unless the action has been submitted to mediation or arbitration pursuant to the provisions of NRS 38.300 to 38.360.  In short, any action relating to an association’s governing documents must first be submitted to the alternative dispute resolution (ADR).  However, all administrative procedures (ex: violation warnings/notices, hearings before the board, fines, etc) must be exhausted prior to submitting the issue to ADR.

The Nevada Real Estate Division (NRED) has developed the Alternative Dispute Resolution (ADR) Program.  Pursuant to the NRED’s ADR program, claimants initiate their ADR claims through the NRED by submission of NRED provided complaint forms.  Claimants and respondents may then select NRED approved arbitrators or mediators to preside over or mediate their claim to resolution. 

[By law corporate entities such as community associations may only be represented by properly licensed attorneys in ADR matters.]