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.

Some Nevada HOAs continue to hold virtual-only board meetings even after emergency orders have ended—excluding homeowners and weakening transparency. Learn why this practice is legally questionable and how reform is needed.