Advice of counsel can help show that an HOA board acted on an informed basis. But it should not replace independent regulatory review. When NRED closes complaints without publicly resolving the underlying legal question, aggressive legal opinions can become de facto law without statutory or precedential support.

A Nevada HOA law may be unnecessary while putting owners at risk of foreclosure. NRS 116.31031 limits ordinary HOA fines, but creates an exception when a violation is labeled as posing an imminent threat to health, safety, or welfare. This post argues that the HSW exception, if retained, must be narrowly defined, limited, and reconsidered because private HOA boards should not use an undefined label to remove ordinary fine protections.