Nevada Ct. Rules HOA Superpriority Lien Does Not Cover Collection Fees and Foreclosure Costs

Supreme Court of Nevada decision (April 28, 2016)

This case involved issues pertaining to a superpriority lien claimed by a homeowners association (“Association”). Association contended that under the applicable Nevada statutes , its superpriority lien included collection fees and foreclosure costs that had been incurred by Association. Additionally, the court addressed the issue of whether or not an HOA’s CC&Rs which purported to create a superpriority lien covering certain fees and costs incurred during the six months preceding a foreclosure sale are superseded by the provisions contained in Nevada’s statute that creates superpriority liens.

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