Meetings & Transparency

Buying into an HOA means accepting a system of governance. It does not mean surrendering the right to question whether the board had authority, followed the governing documents, or stayed within Nevada law.

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.

Boards should seek legal advice. But advice of counsel does not create statutory authority—and it should not become a reason for Nevada’s HOA regulator to avoid deciding what Chapter 116 actually requires.

Nevada may not need to tear down its HOA regulatory system and start over. The framework is largely there. The deeper problem is whether those entrusted with administering it are using the authority, procedures and responsibilities Nevada law already gives them.

NRED’s expanding use of confidentiality may be doing more than protecting investigations. It may be allowing substantive interpretations of Nevada HOA law to develop outside meaningful public and Commission oversight.

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.

Section 4 of proposed regulation R091-25 would formalize confidential complaint resolutions that can allow NRED’s interpretations of Nevada HOA law to become operative in practice without public Commission review.

Most HOAs work about as well as unpaid volunteers can. The real problems come from misaligned incentives and an ill-informed system. This site explains why.

Nevada already recognizes that ordinary HOA fines should not generally support foreclosure. But the HSW exception undermines that principle. If a condition truly threatens health, safety, or welfare, the law should require direct cure, abatement, injunction, or code enforcement — not foreclosure over a fine.

Nevada homeowners have a statutory right to remove an owner-elected HOA board member with or without cause. But recall is not accomplished by anger alone. It requires a proper petition, secret ballot, turnout, and careful attention to NRS 116.31036.