It happens more often than most owners realize and it could be an indication of problems.
What I have experienced myself and often hear for owners is they receive an email from their HOA board three days before a scheduled meeting. The message includes a “revised agenda” — something new has been added. Maybe it’s a proposed contract, a policy change, or even a potential fine against an owner.
The board might even explain that it will vote to “adopt” or “approve” this new agenda at the next meeting.
It may look official. It may even seem reasonable.
But is it appropriate--NO--legal?
The 10-Day Rule: Nevada Requires Advance Notice
Nevada law sets clear expectations for how board meetings are noticed (NRS 116.31083). It says notice of board meetings must be given to all owners at least 10 days before the meeting date (or longer if your community’s governing documents require it).
That notice has to be posted and also sent electronically (by email) to any owners who have given the association their email address.
Tip: If you’re not getting meeting notices, check with your association to make sure they have your correct email on file.
The law also says what that notice must contain. Under NRS 116.31083(5), the notice must state the time and place of the meeting and must either
(a) include a copy of the agenda, or
(b) tell owners the date and the locations where copies of the agenda can be conveniently obtained.
So the agenda doesn’t have to be attached to the notice -- albeit most HOAs do makig them on in the same. But in any case it has to be available to owners when the notice goes out. The idea is simple: give owners at least 10 days to know what the board plans to do.
The Real Gap: Changing the Agenda After Notice
Here’s where the problem starts.
The statute says the agenda must go out with the notice, but it never actually says the agenda can’t be changed afterward.
And some boards have taken full advantage of that silence. They send out the required notice and agenda 10 days in advance, then drop a “revised agenda” only a few days before the meeting — adding brand new items of business.
Then, at the meeting, they act or they claim they a simply vote to adopt the new agenda before moving forward.
They’ll tell you this is fine.
In reality, if agenda items are added late, it guts the whole point of the 10-day notice rule.
Owners can’t prepare or weigh in on decisions they don’t even know are coming. It turns meetings into a game of catch-up and leaves boards free to ambush owners with last-minute actions that should have been noticed 10 days earlier.
Agenda Changes After the Deadline Break the Spirit of the Law
The way to preserve the purpose of the law is simple: once the board changes the agenda after the ten-day notice period has passed, the clock has to start over.
In other words, the board must “re-notice” the meeting — send out the new agenda and importantly, wait ten days before taking any action on those added items.
Tip: If your HOA meeting notice and agenda always arrive at the last minute- ask why. And if your board does not provide a date for its next meeting- not even a "tentative one"-durng the last meeting and post it online so owner can plan- as why not.
A Quick Vote At aThe Start Doesn’t Fix It
Boards sometimes suggest that they can cure the problem by voting at the start of the meeting to adopt the revised agenda.
It’s true that under Robert’s Rules of Order, a board can amend its agenda by majority vote at the start of a meeting.
But Robert’s Rules governs procedure, not legal notice.
Even Robert’s Rules says that when there’s a conflict, statutes win. So a quick vote doesn’t erase the fact that the new item was never properly noticed to owners.
The Only Real Exception: Emergencies
There’s just one situation where boards can act on something that wasn’t on the 10-day agenda: a true emergency.
NRS 116.3108(11) defines an emergency as:
“An unforeseen circumstance which requires immediate attention and possible action by the executive board.”
This doesn’t include routine contracts, enforcement actions, budget adjustments or lack of proper planning. Emergencies are for things like sudden property damage or safety hazards that can’t wait — not items the board simply forgot or wants to rush.
Why It Matters
Late additions aren’t harmless. They:
Deprive owners of their right to notice and comment
Undermine transparency and invite mistrust
Expose the board to legal challenges — actions taken on improperly noticed items can be declared void
Nevada’s 10-day agenda rule exists for a reason: to prevent ambush governance and protect owners from being blindsided by last-minute board decisions.
The Coalition’s View
The Nevada HOA Reform Coalition sees short-notice agenda changes as a sign that boards and their managers may not be properly preparing for meetings — and/or are trying to push business through without proper notice.
Either way, owners deserve better.
There are several similarly vague statutes the Commission for Common-Interest Communities and Condominium Hotels has left unaddressed for years. It’s one of the reasons I founded the Coalition. We have now submitted a formal petition for rulemaking to the Nevada Real Estate Division asking for this loophole to be closed. A complter list of petitons submitted can be found here.
What you can do
If your board drops a last-minute agenda item, speak up. Calmly and on the record, say:
“Nevada law intended the agenda be posted at least 10 days in advance. Owners can’t provide meaningful input on short notice. Please explain why this board believes acting on this late agenda item is in the best interest of owners.”
A final and unfortuante note
A number of boards quietly take actions, some major, by email — and it’s leaving owners completely shut out. Read more in our blog When HOA Boards Vote by Email, Homeowners Lose Their Voice and what needs to be done.
More in This Series
This is one of serveral to help owner idenitfy boards that misuse their authority in ways that leave homeowners blindsided. Readers may also be interested in:
Special Assessements-When Reserve Shortfalls Are Manufactured
HOA Budgets: Why Homeowners Often Have No Real Say
Nevada’s HOA System Remains “Unfinished”
Virtual-Only Meetings – An HOA Warning Flag
HOA Boards & The “Right to Be Wrong" But Not To Be Abusive
For a complete list of our posts go here.
Go here for NVHOAReoform's current list of HOA Law Changes – Remedies for Consideration.
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