Property Plus Investments, LLC v. Mortgage Electronic Registration Systems, Inc.Annotate this Case
A homeowners association (HOA) is not limited to only one superpriority lien under the HOA lien statute, Nev. Rev. Stat. 116.3116, per parcel of property forever.
In this case arising from conflicting claimed interests in real property located in Las Vegas, Appellant challenged the district court’s order granting summary judgment in favor of Respondents. The Supreme Court reversed and remanded the matter for further proceedings, holding (1) when an HOA rescinds a superpriority lien on property, the HOA may assert a separate superpriority lien on the same property based on monthly assessments, and any maintenance and nuisance abatement charges, accruing after the rescission of the previous superpriority lien; and (2) an HOA lien survives bankruptcy even though the homeowner’s personal obligation is extinguished upon a Chapter 7 discharge.