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.

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.

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)

HOA owners are being conned and have repeatedly failed to unite in an organized common cause to produce intelligent legislation.

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.

How owners can comment on proposed Nevada legislation

Origins of HOAs and why they are so controversial- power, control, property rights, legal disputes- mixed opinions

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