Education

Nevada has spent decades managing particular exercises of HOA authority. But it has done comparatively little to define the outer boundaries of that authority—what an HOA may be empowered to own, operate, regulate, or require its owners to do and finance through the declaration. What limits the scope of an association’s authority and obligations in the first place? Whatever the developer puts into the declaration?

Many HOAs are well run. NVHOAReform focuses on what happens when they are not—and why criticism of HOA governance is not the same as opposition to HOAs.

Nevada specifically prohibits harassment in homeowners associations. But the way the law is enforced creates a striking imbalance: owners may have little regulatory recourse, while boards can pursue alleged owner misconduct through increasingly powerful enforcement avenues.

Nevada’s HOA Commission has already voted to adopt R091-25. Yet when FOX5 asked NRED to explain the controversial HSW language, state officials declined, saying comment would be “premature.” That raises a larger question about accountability in Nevada’s HOA regulatory system.

Buying into an HOA means accepting a system of governance. It does not mean surrendering the right to question whether the board had authority, followed the governing documents, or stayed within Nevada law.

Nevada may have some of the nation’s strongest HOA laws. But knowing what the law says is only the beginning. Fine limits, hearings, NRED complaints, mediation and even “you can sue” come with realities owners need to understand.

Can a board take speech that is harsh, persistent, even insulting or upsetting, characterize it as “harassment,” and then bootstrap it into a health, safety and welfare violation carrying fines with no statutory limit? If the owner disagrees, the only remaining response can become: Sue us. That Is a Powerful Disincentive. Moving the dispute into civil litigation gives an HOA board an enormous practical advantage.

If that theory holds, almost any unresolved dispute with an association — including one created by the board itself — can become a potential basis for exclusion. An owner challenges an assessment, enforcement action, architectural decision, records denial, maintenance failure, litigation position, or other board action. If the matter remains unresolved, counsel can argue that the owner might later influence it as a director and might benefit from the outcome.

Boards should seek legal advice. But advice of counsel does not create statutory authority—and it should not become a reason for Nevada’s HOA regulator to avoid deciding what Chapter 116 actually requires.

Nevada lawmakers directed regulators to establish criteria, severity standards and limits governing extraordinary HOA health, safety and welfare fines. After years of delay, the CIC Commission approved R091-25. The result gives HOA boards substantial discretion—and removes protections owners had every reason to expect.

Nevada HOA boards can avoid competitive bidding by never soliciting bids at all. NRED has acknowledged the loophole, the Commission has authority to address the fiduciary gap, and neither has solved a problem known for years.

Nevada is moving to strengthen HOA reserve funding rules. But a stronger reserve standard is only useful if boards clearly show owners how they intend to meet it. The missing link may be a clearly identified annual Reserve Budget.

Nevada’s revised HOA HSW fine proposal still gives HOA boards too much discretion.

Nevada HOA boards may rely on legal counsel, but fiduciary duty remains with the directors. A recent NRED determination shows why that distinction matters.

NRED rejected a petition seeking timely access to HOA records tied to board agenda items, leaving Nevada owners with a critical records-access gap.

Many homeowners like HOAs for community standards and amenities. But HOAs also exercise real governing and financial power over homes. The real question is whether Nevada properly limits that power and protects homeowners when it is misused.

Nevada homeowners often assume the state’s HOA system works like other regulated industries. It does not. This post explains who does what in Nevada’s HOA structure and why understanding that structure matters before a dispute becomes your own.

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.

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.

Developers an HOA boards use attorney fee clauses to intimidate and silence homeowners. Learn why prevailing-party provisions must be reformed.