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ADR & Litigation
Mediation, arbitration, attorney fees, fee-shifting, access to court, litigation barriers, and obstacles that make homeowner enforcement difficult or unaffordable.
NRED’s One-Year Limit Undermines the Purpose of Nevada’s HOA Oversight System
Nevada created an administrative path to investigate Chapter 116 violations, but gave that path a shorter deadline than the ordinary civil route. When declarant control delays meaningful discovery, the result is an accountability gap that pushes owners back toward costly litigation.
Apr 55 min read
Nevada’s Supreme Court to Decide if HOAs Can Silence Their Critics
Nevada’s Supreme Court will decide if HOAs can punish homeowners for speaking out and running for office. The case tests the First Amendment inside common-interest communities.
Mar 175 min read
Homeowners Deserve More Than Procedural Theater: Fix Nevada’s HOA ADR System
Nevada tells homeowners there is a process when HOA disputes arise. But when complaints are dismissed without explanation, mediation produces no real accountability, and even “mandatory” ADR can be waived, the system begins to look less like protection and more like procedural theater.
Mar 176 min read
Nevada HOA Rights Mean Little Without Trusted Enforcement
Nevada HOA owners may have rights on paper, but weak enforcement, secrecy, and regulatory capture often make those rights difficult to use in practice.
Mar 147 min read
Fixing a Dispute Resolution System That Fails Homeowners
Most HOA disputes are not about money damages, but about interpretation and compliance with governing documents—CC&Rs, bylaws, and rules that bind homeowners as servitudes on their property. Yet Nevada’s dispute-resolution framework forces these governance disputes into forums that cannot resolve them, ultimately destined for civil litigation so costly and risky that most owners rationally abandon their claims before a neutral ever examines the issue.
Feb 76 min read
Real Work for the CIC Task Force — On Behalf of Homeowners
Nevada homeowners lack real ways to challenge HOA governance abuses. Here’s what the CIC Task Force should fix — and why it matters now.
Jan 318 min read
HOAs Are More Than Contracts: Legal Fiction and Institutional Interests Work To Stifle Reform
Nevada must recognize HOAs as private governments. The Restatement of Property shows why governance with government-like powers needs government-like accountability
Dec 22, 202510 min read
What Nevada Missed in HOA Dispute Reform—Time to Finish the Job
Nevada’s HOA dispute resolution system was built on a well-intentioned premise: most conflicts between homeowners and associations are ill-suited for civil litigation- but it fails to deliver.
Dec 16, 20254 min read
Nevada Courts Reshaping HOA Law Beyond What the Legislature Ever Intended — Yet Again
Learn how statutes meant to protect homeowners are being reinterpreted to shield developers, and why reform is urgent.
Sep 22, 20258 min read
Nevada Knows Fee-Shifting Is Dangerous — But Uses It In HOAs
Developers an HOA boards use attorney fee clauses to intimidate and silence homeowners. Learn why prevailing-party provisions must be reformed.
Aug 31, 202512 min read
HOA Boards & The “Right to Be Wrong" But Not To Be Abusive
Nevada HOA board members are shielded by the Business Judgment Rule—but when does that protection end? Learn how law, ethics, and oversight intersect.
Jun 15, 20256 min read
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