Nevada HOA Laws

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)

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"

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.

NRED complaint process is broken and ineffective. The Division is captured.

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.

OPPOSE without amendment. HOAs are founded on a promise unit owners will able to regulate their communities - but not so fast. Lawmakers are invoking "public interest" to legitimize trendy special interests intervention.