Hamm v. Arrowcreek Homeowners' Ass'n

OPINION

By the Court,

Gibbons, C. J.:

In this appeal, we consider whether homeowners must submit to mediation or arbitration, pursuant to NRS 38.310, 2 before they initiate a civil action in the district court to release a homeowners’ association assessment lien on their property. Under that statute, the district court must dismiss any dispute arising from the interpretation, application, or enforcement of homeowners’ associations’ covenants, conditions, and restrictions (CC&Rs) if the parties did not first submit the dispute to mediation or arbitration. However, this statutory requirement does…