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 already has detailed HOA laws, an administrative agency and an appointed Commission. But the intended institutional tension between NRED and the Commission appears to have weakened, allowing recurring problems to be investigated, discussed or closed without producing clear public answers.

Nevada Real Estate Division (NRED) rulemaking appears to be proceeding without the very procedural foundation the APA requires.

Homeowners fund HOA budgets but have no real say. See how Nevada can fix this with pre-adoption input and stronger oversight.

Is your HOA board hiding decisions, avoiding questions, or acting without transparency? Learn the top 15 signs of HOA mismanagement—and what you can do.

Nevada law allows HOA declarations to be amended with court approval even without a supermajority vote. Learn how NRS 116.21175 works—and how minority owners can protect their rights.

Nevada HOA board members are shielded by the Business Judgment Rule—but when does that protection end? Learn how law, ethics, and oversight intersect.

Nevada’s HOA system is broken—weak oversight, regulatory secrecy, and unchecked power threaten homeowner rights. Learn why reform must begin with transparency.

Nevada’s HOA Commission fails again—see how weak oversight, opaque settlements, and conflicted enforcement expose homeowners to repeat harm.

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.

"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)

Expanding private enforcement of HOA laws threatens judicial fairness, raises costs, and undermines public oversight in Nevada.