Nevada HOA Laws

Nevada HOA board members are shielded by the Business Judgment Rule—but 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.

Governor Joe Lombardo vetoed two HOA bills both around a single principle: HOA covenants are “community constitutions.”

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.

Prevailing party provisions in HOA CC&Rs are widely used having harmful and chilling effects on individuals, especially when embedded in a system with inherent power imbalances like homeowner associations. HOA owners agreeing when buying a home, to shift attorney fees from the American Rule is flawed.

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.

"This guest column from HOA activist Mike Kosor is the most civic-minded thing about homeowner associations you will ever read, I bet. Check it out:" Hugh Jackson, Editor Nevada Current. (reprint of May 14, 2025)

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.

Declarant-appointed directors fiduciary duties are owed to the association as a whole, meaning all unit owners—not just the declarant.

HOA owners in Nevada, understanding how anti-SLAPP laws work can be a valuable tool in protecting free speech.

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.

CIC Task Force reinstituted per SB 392(2019) holds potential assistance now ignored. Lawmaker attitude echoe a broader, troubling pattern of neglecting HOA issues. Lawmaker disdain will not tame the beast which is HOAs- just the opposite.

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

NRED does not monitor developer control. Let's work together to make HOA owner voices heard.

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"