52Editions

Nevada HOA Resale Package

Fill in the highlighted fields to request the documents, certificate and statement of demand that Nevada owners need for a resale package. Under NRS 116.4109 the association must furnish them within 10 calendar days of a written request. Type your details into the highlighted fields, then copy the letter or download it as a Word file at no cost.

[Date]

[Name of Association]
Attn: [Community Manager or Association Contact]
[Association Address]

Re: Request for resale documents, certificate and statement of demand under NRS 116.4109, [Unit Address]

Dear [Community Manager or Association Contact],

I am [Requester Role, for example "the owner" or "the authorized agent of the owner"] of [Unit Address], currently owned by [Owner Name]. Under NRS 116.4109, I request:

  1. the declaration, bylaws, rules and regulations, and the information statement;
  2. the current operating budget and the current year-to-date financial statement, including the summary of reserves;
  3. the certificate containing the information required by NRS 116.4109(1)(b), (d), (e) and (f); and
  4. a statement of demand under NRS 116.4109(7).

The expected closing date is [Closing Date]. [Expedite Statement, for example "Please expedite the certificate and the statement of demand, and I will pay the expedite fees" or "Standard timing is acceptable."] Please send electronic copies to [Email Address] with your invoice.

Sincerely,

[Your Name]
[Title or Company]
[Phone or Email]
[Signature]

What this letter does

A Nevada HOA resale package request asks the association for the documents and certificate an owner must furnish to a buyer, and for a statement of demand that sets the payoff. NRS 116.4109 sets how long the association has, what it can charge and what protection the buyer receives.

What the resale package contains

At the owner's expense, the owner or the owner's authorized agent must furnish the purchaser a package that includes:

  • The declaration (other than plats), bylaws, rules or regulations and the information statement.
  • A statement from the association showing the monthly assessment for common expenses and any unpaid obligation of any kind, including management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorney's fees currently due from the selling owner.
  • The current operating budget and the current year-to-date financial statement, with a summary of reserves.
  • A statement of any unsatisfied judgments or pending legal actions against the association.
  • A statement of any transfer fees, transaction fees or other fees for the resale.
  • A statement describing all current and expected fees or charges for each unit, including late charges, interest rates on delinquent assessments, and charges for opening or closing a file.

Key rules

  • 10 calendar days. Within 10 calendar days after receiving a written request, the association must furnish the documents and certificate.
  • Certificate fee. The association may charge a reasonable fee based on actual cost, not to exceed $185, and up to $100 more to expedite if the certificate is requested sooner than 3 business days. These amounts may increase each year with the Consumer Price Index, by no more than 3 percent per year, so check the current figures.
  • Document copies. Other documents must be provided electronically. If the association cannot, it may charge up to 25 cents per page for the first 10 pages and 10 cents per page thereafter. It may not charge any other fees for preparing or furnishing these documents.
  • Validity. A resale package remains effective for 90 calendar days.
  • Buyer protection. The purchaser and the purchaser's interest are not liable for any unpaid assessment or fee greater than the amount in the association's documents and certificate. If the association fails to furnish them in 10 calendar days, the purchaser is not liable for the delinquent assessment.
  • Buyer cancellation. The purchaser may cancel the purchase contract until midnight of the fifth calendar day after receiving the resale package.
  • Statement of demand. An owner, authorized agent or security holder may request a statement of demand. The association must furnish it within 10 calendar days of a written request. The fee is not more than $165, plus not more than $100 for delivery within 3 business days, subject to the same annual CPI adjustment. The statement must be effective for at least 15 business days, and payment of the stated amount constitutes full payment of the amount due from the selling owner. If the association finds an error while the statement is effective, it must deliver a replacement.

How to use the letter

  1. Send it as soon as the sale contract is signed.
  2. Ask for the certificate and the statement of demand together.
  3. Check the amounts against your ledger and the sale contract.
  4. Request an update if closing slips past the effective period.

Statutes change, so confirm the current text of NRS 116.4109. See also the comparison of closing, estoppel and paid assessment documents and the Nevada records request.

The general form of this document is the HOA estoppel letter, and the HOA closing letter shows the figures due at closing.

Common questions

How long does a Nevada HOA have to provide resale documents?

Ten calendar days after a written request, for both the resale documents and certificate and for the statement of demand.

Who pays for the resale package?

The owner furnishes it at the owner's expense under the statute.

What if the HOA is late?

The purchaser is not liable for the delinquent assessment if the association does not furnish the documents and certificate within the 10 calendar days.

This page gives general information and sample wording. It is not legal advice, and requirements differ by state and by association.