Marchai B.T. v. Beacon Street Homeowners Association, 111519 NVSC, 77729

Docket Nº:77729
Opinion Judge:GIBBONS, C.J.
Party Name:MARCHAI B.T., Appellant, v. BEACON STREET HOMEOWNERS ASSOCIATION, A NEVADA NONPROFIT CORPORATION; DAWSON SMITH, AN INDIVIDUAL; AND DANIEL WRIGHT, AN INDIVIDUAL, Respondents.
Judge Panel:Silver, J., Douglas, J. Gloria Sturman, District Judge
Case Date:November 15, 2019
Court:Supreme Court of Nevada
 
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MARCHAI B.T., Appellant,

v.

BEACON STREET HOMEOWNERS ASSOCIATION, A NEVADA NONPROFIT CORPORATION; DAWSON SMITH, AN INDIVIDUAL; AND DANIEL WRIGHT, AN INDIVIDUAL, Respondents.

No. 77729

Supreme Court of Nevada

November 15, 2019

UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

GIBBONS, C.J.

This is an appeal from a district court order granting summary judgment in an action to quiet title. Eighth Judicial District Court, Clark County; Gloria Sturman, Judge. Reviewing the summary judgment de novo, Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005), we affirm.1

Appellant contends that our decision in Facklam v. HSBC Bank USA, 133 Nev. 497, 401 P.3d 1068 (2017), implicitly overturned the holding in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev. 742, 334 P.3d 408 (2014), that "action" as used in NRS 116.3116(2) can mean a nonjudicial foreclosure. We disagree. The holding in SFR Investments was based on the interpretation of the Uniform Common Interest Ownership Act (UCIOA), not on NRS 11.090(1)(b), and the UCIOA makes clear that its use of "action" includes a nonjudicial foreclosure. 130 Nev. at 752-54, 334 P.3d at 415-16. Nor are we persuaded that SFR Investments should be overturned.

Appellant next contends that respondents failed to produce prima facie evidence that the HOA's lien contained a superpriority component. Again, we disagree. Most notably, the HOA's account ledger indicated that the former homeowner had failed to pay six monthly assessments by the time the HOA recorded its Notice of Delinquent Assessment Lien.[2] See Cuzze v. Univ. & Cmty. College Sys. of Nev., 123 Nev. 598, 602, 172 P.3d 131, 134 (2007) ("If the moving party will bear the burden of persuasion, that party must present evidence that would entitle it to a judgment as a matter of law in the absence of contrary evidence."); cf. Saticoy Bay LLC Series 2021 Gray Eagle Way v. JPMorgan Chase Bank, N.A., 133 Nev. 21, 26, 388 P.3d 226, 231 (2017) (recognizing that under the pre-2015 version of NRS 116.3116, serving a notice of delinquent assessments constitutes institution of an action to enforce the lien); Horizons at Seven Hills Homeowners Ass'n v. Ikon...

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