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HOA Boards & The “Right to Be Wrong" But Not To Be Abusive
Nevada HOA board members are shielded by the Business Judgment Rule—but when does that protection end? Learn how law, ethics, and oversight intersect.
6 min read


Unchecked and Unaccountable: Nevada’s HOA System Failing Those It Was Meant to Protect
Nevada’s HOA system is broken—weak oversight, regulatory secrecy, and unchecked power threaten homeowner rights. Learn why reform must begin with transparency.
8 min read


Nevada CICCH Commission- A Hard Reset Is Needed
Nevada’s HOA Commission fails again—see how weak oversight, opaque settlements, and conflicted enforcement expose homeowners to repeat harm.
4 min read


Virtual HOA Board meetings- open to abuse?
The shift to virtual-only HOA board meetings in Nevada—initially allowed as a public health necessity during COVID-19—has evolved into a de facto norm for many associations. Nevada regulators and/or lawmakers should consider aligning NRS 116 with modern best practices by promoting hybrid accessibility models that preserve transparency and owner participation.
3 min read


Cost-shifting HOA justice: Time to draw the line
Nevada’s HOA justice system burdens owners through litigation and abdicated oversight. Learn how cost-shifting and regulatory failure fuel legal inequality.
7 min read


CC&Rs and "constructive consent"
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.
7 min read


Delegation of Authority: The Quiet Shift of Power
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.
3 min read


Email Board approvals - an unguarded door to abuse- Part 2- distance between statutory intent and operational practice
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.
5 min read


Civic apathy isn’t just a national problem
"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)
2 min read


Nevada's HOA conflict of interest rules are flawed and ripe for abuse- reform needed
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.
12 min read


"Declarant's control" - misunderstood
Declarant-appointed directors fiduciary duties are owed to the association as a whole, meaning all unit owners—not just the declarant.
3 min read


Anti-SLAPP- what HOA owners need to know to protect themselves
HOA owners in Nevada, understanding how anti-SLAPP laws work can be a valuable tool in protecting free speech.
3 min read


Nevada Real Estate Division does not track declarant control.
NRED does not monitor developer control. Let's work together to make HOA owner voices heard.
1 min read


Danger: private regulatory enforcement
Expanding private enforcement of HOA laws threatens judicial fairness, raises costs, and undermines public oversight in Nevada.
6 min read


Declarant Control- a little known dark secret #1
How declarant control of an HOA is determined and effectively be indefinite
3 min read


Developer control even after "control termination"- Dark secret #2
A developer can effectively control an HOA indefinitely- even after the end of the "Declarant's Control Period"
4 min read


Developer Control and the infamous AB 192(2015)
Much confusion and misinformation exist around developer control of HOAs and the now infamous legislation, AB 192 (2015). First, it is...
3 min read


The unengaged HOA owners is us
It's tough to admit when we're causing our own problems. As homeowners in Nevada HOAs, we need to recognize this hard truth if we want improvements.
2 min read


Who is running your homeowner association (HOA)?
In an HOA, more so than in traditional housing, members rely heavily on their neighbors. Homeowners collectively invest in maintenance...
2 min read


Secret HOA Board meetings- "workshops"- Part 1-distance between statutory intent and operational practice
Nevada HOA law (NRS 116) vs Open Meeting Laws. I believe if the board is going to gather to discuss business it should let owners know and allow them to participate - just like all governmental bodies are required to do in Nevada.
2 min read
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