Developer Control & Conflicts

If that theory holds, almost any unresolved dispute with an association — including one created by the board itself — can become a potential basis for exclusion. An owner challenges an assessment, enforcement action, architectural decision, records denial, maintenance failure, litigation position, or other board action. If the matter remains unresolved, counsel can argue that the owner might later influence it as a director and might benefit from the outcome.

Nevada HOA boards can avoid competitive bidding by never soliciting bids at all. NRED has acknowledged the loophole, the Commission has authority to address the fiduciary gap, and neither has solved a problem known for years.

Nevada is focusing on reserve funding and rising HOA assessments. But that may only address the problem after it has been created. The more fundamental question is how much long-term financial obligation developers should be allowed to permanently attach to homeownership.

Meaningful HOA reform cannot stop at minor procedural fixes.

Nevada law gives developers extraordinary power to decide what a common-interest community will become before homeowners have any meaningful voice. That may be workable for ordinary common-area maintenance. But when amenities depend on outside users, projected revenue, specialized staffing, regulatory compliance, or future market conditions, the issue changes. The developer is no longer merely adding a neighborhood feature. The developer is embedding a business assumption int