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 is moving to strengthen HOA reserve funding rules. But a stronger reserve standard is only useful if boards clearly show owners how they intend to meet it. The missing link may be a clearly identified annual Reserve Budget.