Escrow & Title
What is a Nevada HOA's 'first right of approval' for buyers and is it enforceable?
AAll Nevada HOAs have the right to approve all buyers
BSome Nevada HOA CC&Rs include buyer approval rights, but these are strictly limited — HOAs cannot use approval processes to discriminate based on protected classes under fair housing law✓ Correct
CNevada law gives all HOAs unlimited approval rights
DHOA buyer approval rights are never enforceable in Nevada
Explanation
Some Nevada CC&Rs include HOA rights to approve purchasers or require board interviews. However, these provisions must comply with fair housing law — they cannot be used to discriminate based on protected classes. Using approval rights to exclude minorities would violate federal and Nevada fair housing law.
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