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FAQs
Nevada HOA Frequently Asked Questions


Are HOA Owners Dissatisfied- don't look to regulatory complaints to tell the story?
HOA proponents point to survey data showing high satisfaction among residents. These claims mask significant structural and psychological barriers that deter homeowner complaints or candid assessments of governance. The apparent lack of formal dissent is not reliable evidence of true consent or systemic legitimacy.
May 314 min read


The Rise and Effects of Homeowner Associations
Findings from a recent 2019 study of HOAs nationwide such as price premium, typical dues, correlation with local land use regulations, and more.
May 313 min read


Virtual HOA Board meetings- open to abuse?
The shift to virtual-only HOA board meetings in Nevada—initially allowed as a public health necessity during COVID-19—has evolved into a de facto norm for many associations. Nevada regulators and/or lawmakers should consider aligning NRS 116 with modern best practices by promoting hybrid accessibility models that preserve transparency and owner participation.
May 303 min read


CC&Rs and "constructive consent"
Courts treat CC&Rs that create HOAs as binding contractual obligations—even though homeowners lack real bargaining power and did not negotiate the terms. This post critiques the dominant legal justification of constructive consent and explores reforms. HOA law must evolve.
May 268 min read


Nevada's HOA conflict of interest rules are flawed and ripe for abuse- reform needed
Nevada COI laws favor declarant-appointed directors. Nevada law imposes a fiduciary duty on all HOA board members but the reality is that appointed directors faces potential challenges that could make him/her conflicted in exercising independent judgment.
May 911 min read


"Declarant's control" - misunderstood
Declarant-appointed directors fiduciary duties are owed to the association as a whole, meaning all unit owners—not just the declarant.
May 93 min read


No mediation no litigations- it's the law in Nevada
Nevada, state law requires mediation or alternative dispute resolution (ADR) before a homeowner can file a civil lawsuit involving disputes with a homeowners' association (HOA). This law is aimed at reducing court congestion and encouraging resolution through less adversarial means. Whether it does or not is matter of dispute.
May 32 min read


HOA primer- start to controversy
Origins of HOAs and why they are so controversial- power, control, property rights, legal disputes- mixed opinions
Apr 232 min read


Does your HOA contribute to CAI?
Does your HOA contribute to CAI (Community Association Institute)? If you don't know, you should.
Apr 182 min read


Thoughts on the NRED complaint process
NRED complaint process is broken and ineffective. The Division is captured.
Apr 182 min read


The unengaged HOA owners is us
It's tough to admit when we're causing our own problems. As homeowners in Nevada HOAs, we need to recognize this hard truth if we want improvements.
Apr 182 min read


Who is running your homeowner association (HOA)?
In an HOA, more so than in traditional housing, members rely heavily on their neighbors. Homeowners collectively invest in maintenance...
Apr 172 min read


Secret HOA Board meetings- "workshops"- Part 1-distance between statutory intent and operational practice
Nevada HOA law (NRS 116) vs Open Meeting Laws. I believe if the board is going to gather to discuss business it should let owners know and allow them to participate - just like all governmental bodies are required to do in Nevada.
Apr 172 min read
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