As we’ve elsewhere documented, IVGID is a limited purpose special district. Which contrary to popular belief does not mean it’s not a “governmental subdivision.” Nor that it’s not 100% “public.” Rather, it means that IVGID cannot exercise the same kinds of general municipal police powers¹ true municipalities² can exercise³. In other words, because the District’s powers are limited when compared to true municipalities, it’s only “quasi-municipal.”⁴

But this truism doesn’t fit well with the naysayers in our community with an agenda⁵, because they insist IVGID be something it is not. So they describe the District as some type of hybrid (as if such a beast actually exists) between business and government. Some examples:

Quasi-Public: Naysayers want the less knowledgeable in our community to believe that not only does IVGID possess general municipal police powers¹, but it possesses even more powers true municipalities cannot exercise! In other words, powers no other form of local government in the State may exercise. Simply because of their use of the term “quasi-public.”⁶ Without providing a definition for “quasi-public,”⁷ they argue IVGID can legitimately operate⁸ its public recreation/other facilities as “for profit,” commercial business enterprises primarily marketed to the world’s tourists⁹. And since IVGID can operate those facilities as business type enterprises, they argue it can legitimately exercise “all powers necessary or proper to address matters of local concern…(and) for the effective operation of (district) government”¹⁰ And thus ignore Dillon’s Rule’s prohibitions¹¹ even though NRS 244.137(7)(a) and 268.001(7)(a) expressly prohibit the extension of such powers to a “local governing body [in other words, a general improvement district (“GID”)] other than a board of county commissioners or…an incorporated city.” Given IVGID staff do nothing to dispel this false narrative, they have in essence adopted it as their own¹².

Interestingly, one local newspaper, Moonshine Ink, has answered the question What does IVGID mean by calling iteself “quasi-public?”

“If it means ‘not exactly public,’ then the term is a gross exaggeration when it comes to IVGID’s convoluted finances. Determining how much money each venue/program loses is impossible. That (data) should be readily available public information. But since IVGID separated out its debt service and capital expenses when it abandoned enterprise fund (reporting), it’s like trying to budget for your household expenses and forgetting about the mortgage and the car payments (IVGID’s idea of transparency). Actually, IVGID calling itself a ‘quasi-public agency’ is an outright lie! It is a public agency. A (governmental) subdivision of the State of Nevada⁴. Subject to the same ethics, public records, and purchasing laws as (any) other local government(. Apparently) someone took the phrase ‘quasi-municipal corporation’ from NRS 318 and mis…translated that (in)to ‘quasi-public.’ IVGID calls itself ‘quasi-public’ to convince us it can ignore laws designed to protect the public interest.”

At the Board’s September 24, 2024 Town Hall meeting, the IVGID Board was expressly asked what the term “quasi-public” actually means, and where in the NRS is it described? The answer given by attorney Rudin was nowhere¹³.

Common Interest Community: aka homeowners’ association (“HOA”): Naysayers such as Trustee Mick Homan want the less knowledgeable in our community to believe IVGID is really an HOA. As a 2024 candidate for Trustee, Mick Homan said it best. And, said it wrong:

My “view (is) that our recreational venues are held for the common interest of the community, and as such…those venues and other assets owned and managed by IVGID are made available primarily for the benefit of the community as a whole.  This involves a ‘portfolio’ approach to managing our recreational facilities – one that seeks to operate the recreational venues as a mutually reliant and sustaining set of venues at the total District level.” In other words, the sum of its parts.

In Nevada the term “common interest community” has a defined meaning, and it is stated at NRS 116.021(1) as:

“Real estate described in a declaration with respect to which a person, by virtue of the person’s ownership of a unit, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance or improvement of, or services or other expenses related to, common elements, other units or other real estate described in that declaration.”

The Equivalent of The Tahoe Donner Homeowners‘ Association: (“TDHOA“). Former IVGID GM Bill Horn would oftentimes describe the District as the equivalent of TDHOA. He would oftentimes state that because it is so difficult to compare what IVGID does to what other GIDs in the State do, we should compare ourselves to the TDHOA because it does so many of the things we do. After all, it has: beaches and a Beach Club at a lake (Donner Lake); a ski area (Tahoe Donner Ski Resort; a restaurant (the Lodge Restaurant & Pub); retail sales; a recreation center (the Trout Creek Recreation Center); a magazine; and of course, much, much higher HOA assessments than our Recreation (“RFF”)/Beach (“BFF”) Facility Fees. And because our RFF/BFF is so much lower, propagandists like Mr. Horn point to the TDHOA as the )reason why our RFF/BFF represents so much more “value” to the local parcel owner.

These descriptions made by persons so convincing help to explain why many people in our community refer to IVGID as the equivalent of an HOA. Well of course it isn’t.

And at least now, you know why not!

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1. “[P]ublic safety, public health, morality, peace and quiet, law and order…are some of the more conspicuous examples’ {see Berman v. Parker, 348 U.S. 26, 32, 75 S.Ct. 98 (1954)].
2. In Nevada, counties, cities and unincorporated towns.
3. See our How The Powers of a GID Differ From Other Local Governments discussion.
4. See NRS 318.075(1).
5. The agenda being that IVGID may legitimately exercise any power of its choosing unless expressly prohibited by the NRS or Constitution.
6. It should be noted that NRS 318.015(1) and NRS 318.075(1) do not describe GIDs as being “quasi-public.” Rather, they describe GIDs as being “quasi-municipal corporations.”
7. One dictionary describes the term as “having some public and some private features, for example providing public services but being privately owned or run.”
8. NRS 318.145 instructs that “the board shall have the power to operate, maintain and repair the improvements acquired by the district.”
9. Rather than to the inhabitants of Incline Village/Crystal Bay and the residents of the State of Nevada as NRS 318.015(1) instructs (the “purposes, powers, rights, privileges and immunities provided in this chapter will (primarily) serve…the inhabitants…of (Incline Village, Crystal Bay) and of the State of Nevada”)
10. Which is a power expressly reserved to counties [see NRS 244.137(5)] and cities [see NRS 268.001(5)].
11. See NRS 244.137(3)–(4) and 268.001(3)–(4).
12. As an example, check out the annual water quality Consumer Confidence Reports the District publishes. The most recent report (for 2024) describes IVGID, under “About IVGID,” as only “a quasi-public agency established under Nevada Revised Statute, Chapter 318.”
13. The District livestreams its Board meetings. Its livestream of the Board’s September 24, 2024 Town Hall can be accessed at https://livestream.com/ivgid/events/11183215/videos/251600684 (“the 9/24/2024 town hall livestream”).