Who is truly making decisions in your HOA- the directors you elected or the manger/attorney you contracted?
Every HOA owner needs to be aware of a core structural problems for many Nevada HOAs- but not unique to Nevada- the informal and systemic delegation of decision-making authority from elected volunteer boards to contracted managers and attorneys. This dynamic raises several governance and accountability concerns:
Volunteer boards often lack time, expertise, or confidence, particularly in larger or more complex associations.
In practice, industry professionals—namely community managers and HOA lawyers—take over the governance role, advising (and often directing) decisions on enforcement, budgeting, elections, rule interpretation, and litigation.
These professionals wield substantial influence over enforcement actions, meeting agendas, and association strategy.
Boards may be captured by vendor relationships, where legal counsel and managers act to protect their own contracts and industry norms rather than the interests of homeowners.
This creates a conflict of interest: managers and attorneys are paid by the association but may guide actions that primarily serve to minimize liability, suppress dissent, or insulate board members, rather than ensure transparency or equity.
The cost of this outsourced governance is ultimately borne by homeowners, including when legal disputes are unnecessarily escalated, or when enforcement is pursued selectively or aggressively.
While the structural problems in HOA governance can feel entrenched, homeowners are not powerless. Below are several practical actions owners can take to challenge the informal control exercised by managers and attorneys, reassert democratic governance, and increase accountability.
Run for the Board—and Support Independent Candidates.
Why: Boards are the legal decision-makers. Even a single informed director can shift dynamics, demand transparency, and question the overreach of vendors.
How: Watch for annual meeting notices, nominate yourself or others, and organize neighbors to vote—quorums are often low, so a small group can have a big impact.
Demand Board Training and Independent Legal Counsel
Why: Many boards rely on the same attorneys or managers year after year, creating dependency and potential conflicts.
How: Urge your board to seek neutral legal opinions- even second opinions- or training from non-industry groups, not just vendor-provided guidance.
Monitor Meeting Agendas and Ask Questions—On the Record
Why: Managers often draft the agenda and shape discussions. By raising questions about vendor influence, legal spending, or selective enforcement, you put pressure on the board to justify its actions.
How: Attend meetings (NRS 116.31083(5)) . Insist agenda make clear what is being considered and what action is expected during the meeting (see NRS 116.3108(6)). Use your right to comment (NRS 116.31085) . Ask: Who made this recommendation—management, legal counsel, or the board? Demand answers from the board members- not manger and/or attorney.
Push for Policy Changes in Governing Documents and Statutes
Why: Many governing documents allow “action without a meeting” and permit "workshops", competitive bids are ignored, clear limits on manager/attorney authority is missing, and more.
How: Propose amendments to the governing documents (if needed) and/or your local lawmaker, for example, requiring all major decisions to be discussed and voted on in open meetings with recorded votes (see more proposed legislative changes here).
Organize—Don’t Isolate
Why: The biggest obstacle to reform is often apathy. Vendors and entrenched boards thrive when homeowners are uninformed or intimidated.
How: Start a neighborhood group, share information, hold informal town halls. Collective action is more powerful—and safer—than acting alone.
Shine Light on Legal and Management Spending
Why: Contracts and invoices are association records. Excessive legal bills or self-serving contract renewals are red flags.
How: Request records (NRS 11631175(2)). Demand competitive bids. Question any attorney or manager contract that auto-renews.
Bottom Line:
Managers and attorneys are not supposed to govern your community—you and your neighbors are. But reasserting owner control requires participation, vigilance, and a willingness to ask tough questions. Start small. Engage others. The law still gives homeowners rights—the challenge is making them real.
