HOA Law Injustices

While NRS 116.3103 imposes a fiduciary duty on all HOA board members—appointed or elected—the reality is that appointed directors faces potential challenges that could make him/her conflicted in exercising independent judgment. Because the declarant may appoint a majority or all of the board, there is no internal check on conflicts of interest until turnover occurs.

A toxic combination of unengaged homeowners, deep pocket special interests, and a blind eye regulator has led Nevada legislators to prefer a root canal over working on HOA legislative reforms. My reasons, if not fixed, HOAs may no longer be a "good" idea.

The “quasi-governmental” nature of homeowner associations (HOAs) is one of the most important and controversial aspects surrounding HOAs. Legislation is needed

Private regulatory enforcement of Nevada HOA law is inappropriate and "chilling". see SB 201

How declarant control of an HOA is determined and effectively be indefinite

A developer can effectively control an HOA indefinitely- even after the end of the "Declarant's Control Period"

Much confusion and misinformation exist around developer control of HOAs and the now infamous legislation, AB 192 (2015).   First, it is...

How a good idea, such as HOAs, can be abused by special interests and deep pockets, when homeowners do not stay vigilant, and when representatives generally fail to protect the rights of constituents.

In an HOA, more so than in traditional housing, members rely heavily on their neighbors. Homeowners collectively invest in maintenance...

2021 Nevada Supreme Court review of bizarre argument a declarant can change CC&Rs without owner approval.

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.