Nevada RED Advisory Opinion 12-01-116 (Attorney Fees at Fine Hearings)

NV · Nevada Real Estate Division (advisory opinion)

HOA loss · hearings

What happened

The Nevada Real Estate Division issued Advisory Opinion No. 12-01-116 on May 18, 2012, answering whether an association may charge a unit owner attorney's fees for association counsel attending an NRS 116.31031 fine hearing.

What the court (or agency) held

Division advisory interpretation: an association may not charge a unit owner attorney's fees for association counsel attending an NRS 116.31031 fine hearing. Exercising the hearing right is not willful misconduct or gross negligence under NRS 116.3115(6), and fee-shifting for hearings would chill due-process rights and circumvent NRS 116.4117's civil-action fee framework. Flag: advisory opinion—not a final adjudication; specific facts can change the result.

Why this matters for members

Fine-hearing participation is a protected process right; billing the owner for the association's hearing lawyer under a catch-all misconduct fee statute is disfavored in Division guidance. Civil-action fee statutes remain the proper fee path after litigation.

Questions for the board

Questions for a lawyer

Citation

Nevada RED Advisory Opinion 12-01-116 (Attorney Fees at Fine Hearings), Advisory Opinion No. 12-01-116 (May 18, 2012); refs NRS 116.31031 and 116.3115(6) (2012-05-18). Nevada Real Estate Division (advisory opinion). Outcome chip: hoa_loss — no counsel fees for attending fine hearing. Flags: advisory, not-final-adjudication. Source: https://red.nv.gov/uploadedfiles/rednvgov/Content/Publications/Opinions/12-01-116.pdf

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.