HOA Law Injustices

A look at Nevada's use of the Business Judgement Rule (BJR) in HOAs. Nevada HOA board members are shielded by the Business Judgment Rule—but is it needed, good for HOAs, and when does that protection end? Learn how law, ethics, and oversight intersect.

Nevada’s HOA system is broken—weak oversight, regulatory secrecy, and unchecked power threaten homeowner rights. Learn why reform must begin with transparency.

Reforming HOA governance without reliable data or an engaged regulator is like flying blind. This post explores how the absence of transparency and oversight undermines accountability, policy legitimacy, and meaningful reform—and why foundational change must come first.

Nevada’s HOA Commission fails again—see how weak oversight, opaque settlements, and conflicted enforcement expose homeowners to repeat harm.

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.

Nevada’s HOA justice system burdens owners through litigation and abdicated oversight. Learn how cost-shifting and regulatory failure fuel legal inequality.

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.

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.

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

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

Expanding private enforcement of HOA laws threatens judicial fairness, raises costs, and undermines public oversight in Nevada.

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 my opinion AB 192 did not impact the existing CC&Rs of my community. This position is not acknowledged by HOA's majority appointed board. Thus, it refuses to effect the end of the declarant's control (now 26 years and counting) despite reporting over 75% of the units, as established in our CC&Rs, having been conveyed. I have engaged in litig

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.

Southern Highlands HOA remains under Olympia Companies’ control after 25 years. Learn why Nevada’s laws and regulators have failed homeowners.

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.