The Court reviewed an appeal from a district court order granting summary judgment to a bank that had lost a condominium in an HOA lien foreclosure sale. The Court held that despite statutory provisions, which seem prohibit overturning an HOA lien foreclosure sale if required recitals are present in the HOA’s trustee deed, there remains a common law power to overturn such foreclosure sales. The Court reaffirmed the principle that, where appropriate, Nevada courts may “grant equitable relief from a defective HOA lien foreclosure sale”—but only when there has been both 1) an inadequate price paid, and 2) fraud or oppression. The Court also vacated the lower court’s ruling and remanded as to both the HOA lien amount and the issues of the parties’ conduct, the buyer’s status, and the equities at stake.
Orwoll, Andrea, "Shadow Wood Homeowners Association, Inc.; and Gogo Way Trust v. New York Community Bancorp, Inc. (January 28, 2016)" (2016). Nevada Supreme Court Summaries. 941.