Kosor v. Olympia Companies, LLC
Clark County · NV · Supreme Court of Nevada
MIXED · speech-flags
What happened
After buying in Southern Highlands (Clark County), Michael Kosor criticized Olympia Companies and CEO Garry Goett over HOA management contracts, park-maintenance cost-shifting with the county, and fiduciary issues—speaking at meetings and circulating community materials. Olympia sued for defamation. Kosor filed an anti-SLAPP special motion to dismiss. The district court denied the motion. The Nevada Supreme Court reversed and remanded, holding HOA meetings can be public forums and Kosor's governance criticisms implicated public-concern speech under Nevada's anti-SLAPP statutes (2020 Adv. Op. 83).
What the court (or agency) held
The Nevada Supreme Court reversed denial of homeowner Michael Kosor's anti-SLAPP special motion to dismiss a developer's defamation suit. Kosor's criticisms of Southern Highlands' HOA manager/developer on governance, contracts, and cost-shifting were the type of public-concern speech anti-SLAPP protects, and HOA meetings qualified as public forums for that analysis. Remanded for further anti-SLAPP proceedings (including good-faith evaluation).
Why this matters for members
This result is MIXED — a partial win, not a clean sweep on every claim. Owners who speak about HOA/developer governance at meetings or in community pamphlets may invoke Nevada anti-SLAPP protections when sued for defamation. Early denial of a special motion is appealable and reversible when the court misapplies public-forum/public-concern tests.
What the member did
Spoke at open HOA meetings, distributed campaign materials, posted online, then filed an anti-SLAPP special motion to dismiss the developer's defamation suit and took the statutory interlocutory appeal.
What did not work
The Supreme Court did not itself complete the good-faith inquiry or award final anti-SLAPP fees in this opinion.
Questions for the board
- How do we respond to owner criticism at meetings without chilling speech that may be anti-SLAPP protected?
- If managers or developers threaten defamation suits over governance speech, what is the association's role?
- Are meeting rules viewpoint-neutral and documented?
Questions for a lawyer
- How do NRS 41.660/41.637 apply to HOA-meeting speech and community pamphlets after Kosor?
- What showing of good faith is required on remand in anti-SLAPP litigation?
- What fee-shifting follows a successful anti-SLAPP special motion in Nevada?
Citation
Kosor v. Olympia Companies, LLC, 136 Nev. Adv. Op. 83, 478 P.3d 390 (2020); No. 75669 (2020-12-31). Supreme Court of Nevada. Outcome chip: MIXED — SLAPP. Flags: MIXED, remand. Source: https://law.justia.com/cases/nevada/supreme-court/2020/75669.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.