Mold in Condos and HOA Communities in Nevada: Leaks, Shared Walls, and Who Does What

When water comes through a shared wall or down from the unit above, the first question after “how do I stop it?” is usually “whose problem is this?” Nevada’s common-interest community law, NRS Chapter 116, sets default rules. Your association’s governing documents fill in most of the details. This page explains both and gives you a practical sequence for the first days after a leak.

What NRS 116.3107 says about upkeep

The main maintenance provision is NRS 116.3107(1). It reads, in part:

“Except to the extent provided by the declaration, subsection 2 and NRS 116.31135, the association has the duty to provide for the maintenance, repair and replacement of the common elements, and each unit’s owner has the duty to provide for the maintenance, repair and replacement of his or her unit.”

Three points follow from that text:

• The declaration can change the default. The statute opens with “Except to the extent provided by the declaration.” Your CC&Rs may assign some items differently, so read them before you assume who is responsible.
• Access is required. Each owner “shall afford to the association and the other units’ owners, and to their agents or employees, access through his or her unit reasonably necessary for those purposes.” A neighbor may need to let a plumber or inspector in to find a leak source.
• Damage from access has to be repaired. If damage is done to the common elements or to a unit through which access is taken, “the unit’s owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof.”

The statute does not name a winner in a typical leak dispute. Who pays for mold cleanup after a particular leak depends on the governing documents, where the leak started, and the facts. Treat the statute as the framework, not the answer.

Where does a unit end? NRS 116.2102

The unit versus common element question often turns on boundaries. Unless the declaration says otherwise, NRS 116.2102 provides that when walls, floors, or ceilings are unit boundaries, “wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces” are part of the unit. “All other portions of the walls, floors or ceilings are a part of the common elements.”

The same section says a duct, conduit, or similar fixture that runs partly inside and partly outside a unit is a limited common element if it serves only that unit. If it serves more than one unit, it is a common element. That can matter when a shared drain line leaks inside a wall. Once again, the declaration controls where it says something different.

Insurance: often two policies

NRS 116.3113 requires associations to maintain property insurance on the common elements, “to the extent reasonably available.” In buildings where units are divided by horizontal boundaries or by common walls, that insurance “must include the units, but need not include improvements and betterments installed by units’ owners,” with a limited exception for certain wildfire coverage. NRS 116.31135 generally requires the association to promptly repair damaged portions of the community that the statute requires it to insure, with some exceptions.

Owners often carry their own policy as well. The Nevada Division of Insurance’s home insurance guide describes the HO-6 condominium unit-owners form as covering “items not insured by the association’s policy,” including personal belongings and wall, floor, and ceiling coverings. How the master policy and your HO-6 fit together, and whether mold is covered at all, depends on the policy wording. Our mold and homeowners insurance guide covers the general issues.

Practical steps after a leak

1. Stop the water if you can do it safely. Shut your unit’s supply valve. If the water is coming from above or from a common area, call the association’s emergency line or management company right away.
2. Notify the association in writing the same day. Include the date, time, location, what you saw, and a request that the source be located. Keep a copy. Follow up in writing after phone calls.
3. Tell the neighbor in writing if their unit may be the source. Ask them to notify their insurer.
4. Document before cleanup. Take dated photos and video of stains, standing water, the likely source, and damaged belongings. Keep a log of who you talked to and when.
5. Report to your own insurer promptly. The association’s insurer and the neighbor’s insurer may also be involved. Give each one the same facts.
6. Start drying. EPA’s guidance says that if wet materials are dried within 24 to 48 hours, “in most cases mold will not grow.” See our first 48 hours guide.
7. Get conditions documented independently if mold is visible or the materials stayed wet. A mold inspection is limited to mold and moisture: where moisture is, how far it spread, and what is visible or measurable. It does not decide who is legally responsible.
8. Keep every invoice and report for repairs, drying, plumbing, and inspections.

Renters in a condo should contact their landlord, who deals with the association. See the renter’s guide. Board members and managers may find the property manager guide useful.

The Ombudsman for Owners in Common-Interest Communities

Nevada has a state office for these disputes. NRS 116.625 creates the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels within the Real Estate Division. Among its statutory duties, the Ombudsman shall:

• “Assist owners in common-interest communities and condominium hotels to understand their rights and responsibilities as set forth in this chapter and chapter 116B of NRS and the governing documents of their associations”
• “When appropriate, investigate disputes involving the provisions of this chapter or chapter 116B of NRS or the governing documents of an association and assist in resolving such disputes”
• “Assist in processing claims submitted to mediation or arbitration”

If you believe the association has violated Chapter 116 or its governing documents, NRS 116.760 allows an aggrieved person to file an affidavit with the Division. The deadline is “not later than 1 year after the person discovers or reasonably should have discovered the alleged violation.” Before filing, you must first send the other party written notice of the alleged violation by certified mail, return receipt requested, and give them a reasonable opportunity to correct it. The Real Estate Division uses an Intervention Affidavit form (Form 530) for this and describes an informal conference program run by the Ombudsman’s office. Check red.nv.gov for current forms and contact information.

One caveat: under NRS 116.1203, some small planned communities are subject to only parts of Chapter 116 unless their declaration adopts the whole chapter. If your community is small, confirm which provisions apply.

Sources

• NRS Chapter 116, Common-Interest Ownership (NRS 116.1203, 116.2102, 116.3107, 116.3113, 116.31135, 116.625, 116.760) — Nevada Legislature
• Ombudsman’s Office for CICCH/HOAs — Nevada Real Estate Division
• About the Ombudsman’s Office — Nevada Real Estate Division
• Informal Conference Program brochure (PDF) — Nevada Real Estate Division
• Consumer’s Guide to Home Insurance, 2026 edition (PDF) — Nevada Division of Insurance
• A Brief Guide to Mold, Moisture and Your Home — U.S. EPA