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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 31, 20254 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 31, 20253 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 30, 20253 min read


Cost-shifting HOA justice: Time to draw the line
Nevada’s HOA justice system burdens owners through litigation and abdicated oversight. Learn how cost-shifting and regulatory failure fuel legal inequality.
May 26, 20257 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 26, 20257 min read


Delegation of Authority: Boards Captured by its Vendors
HOA owner needs to be aware of systemic delegation of decision-making authority from elected volunteer boards to contracted managers and attorneys. several practical actions owners can take to challenge the informal control.
May 17, 20253 min read


Email Board approvals - an unguarded door to abuse
Nevada HOA Boards can take any action, to include approval of major contracts, without meeting or providing advance notice to owners. But should they? In my opinion this provides an unguarded door to abuse that for too long has been in need of closure.
May 17, 20255 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 9, 20256 min read


Anti-SLAPP- what HOA owners need to know to protect themselves
HOA owners in Nevada, understanding how anti-SLAPP laws work can be a valuable tool in protecting free speech.
May 8, 20253 min read


No mediation no litigation- the law until recently.
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 3, 20253 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 23, 20254 min read


Why are HOAs even legal?
First is a series on injustices in Nevada HOA laws. Justifications for permitting HOAs. Three justifications exist for the creation of HOAs that permit one's home be subjected to extensive powers affecting its value and quality of life. In theory, all three of the above exists in Nevada. However, it is my position the first two are not satisfactorily addressed in Nevada HOA law today and the third, a tailored and equitable dispute resolution processes is failing due to a cap
Apr 22, 20254 min read


Nevada Real Estate Division does not track declarant control.
NRED does not monitor developer control. Let's work together to make HOA owner voices heard.
Apr 20, 20251 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 18, 20252 min read


Thoughts on the NRED complaint process
NRED complaint process is broken and ineffective. The Division is captured.
Apr 18, 20252 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 18, 20252 min read


Who is running your homeowner association (HOA)?
Southern Highlands HOA remains under Olympia Companies’ control after 25 years. Learn why Nevada’s laws and regulators have failed homeowners.
Apr 17, 20252 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 17, 20253 min read
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