Law Office of Hayes & Welsh

Exception to super-priority of HOA Lien

In 7510 Perla Del Mar Ave Trust v. Bank of America, N.A., 136 Nev., Adv. Op. 6 (Nev. Feb. 27, 2020), the Nevada Supreme Court reaffirmed that a promise to make a payment at a later date or once a certain condition has been satisfied cannot constitute a valid tender.  Id. at *4.  This general rule applies to an offer to pay a yet-to-be-determined super-priority HOA lien.  Id.  However, if the offeror can prove that a valid tender would have been rejected, such as based on the policy of the HOA's agent, the obligation to tender is excused.  Id. at *5.

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Law Office of Hayes & Welsh

Law Office of Hayes & Welsh
199 North Arroyo Grande Blvd
Suite 200
Henderson, NV 89074

Phone: 702-434-3444
Fax: 702-434-3739

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