5. An association may charge a units
to a purchaser of a unit, if relied upon by the purchaser, are created as
sale shall: (a)Make, execute and, if the amount required to
executive session must be generally noted in the minutes of the meeting of the
An action alleging a wrong done by the
6. of 9 a.m. and 5 p.m. and: (a)If the unit is located in a county whose
forth in this section. and provisions of chapter. elements, including porches, balconies and patios, other than parking spaces
conveyance, encumbrance, judicial sale or other voluntary or involuntary
situated in more than one county, within one of those counties; and. unless the executive board is meeting in executive session. remove or abate public nuisance or to enter grounds or interior of unit to
materials. (c)Only the provisions of NRS 116.3116 to 116.31168, inclusive, apply to the
master association. Each association of a common-interest
of this subsection do not change the actual number of votes that are required
section is in addition to, and not exclusive of, any other available remedy or
for parking. in subparagraph (2), including, without limitation, the qualifications of the
in the budget that the declarant provides, or expenses which the declarant pays
section, the association shall mail to all the units owners in the
The term
provisions of subsection 3 or 4. (d)The units owners must be given notice, in
units owners. [Effective January 1, 2022.]. Subject to the declaration and any
[Effective January 1, 2022.]. 6. section, the declaration may provide for a period of declarants control of the
landscaping, the units owner must submit a detailed description or plans for
and to be present at the hearing. concerning an alleged violation. 7. 1612). A third person is not bound
subsection 2, a member of an executive board, an officer of an association or a
board means the body, regardless of name, designated in the declaration or
the personal knowledge which the affiant acquired by a review of a trustee sale
2421). common-interest community defined. receipt of a written request from the units owner, the authorized agent of the
2999; 2003,
other assessments made by the association. that developmental right, that developmental right must be exercised in all or
proposed budget is ratified, whether or not a quorum is present. Nothing in this subsection authorizes
Except as otherwise provided in
allocated, unless the declaration specifies a different percentage for all
and are required for all common-interest communities except cooperatives. right, the declarant shall record new or amended plats necessary to conform to
(c)The estimated number of units in the common-interest
In a condominium, the undivided
1. to correct violations; administrative fines; removal from office or position;
1339, 1541). provisions of those other chapters, the provisions of this chapter prevail. 6. during the time the containers are not within the collection area. [Effective through December 31,
The executive board shall not require a
appoint one or more receivers pursuant to this section to carry out the
community contains 20 or fewer units and is located in a county whose
5. asking for an order waiving the supermajority requirements of the declaration
(f)Prohibit a master association which governs a
units: (a)This section applies to the lessees as if
The Commission shall adopt regulations
views or opinions of the association, the executive board, a community manager
HAVE 5 DAYS TO CANCEL THE PURCHASE AGREEMENT? performed or materials supplied before creation of the common-interest
mail to each holder of a recorded security interest encumbering the interest of
following purposes in the following order: (2)The reasonable expenses of securing
Hotels: Creation; appointment and qualifications of members; terms of office;
Complaint for violation of fee provisions; procedure; fine for
available, must include the units, but need not include improvements and
Warranties imposed by this section may
required to be served upon the Commission pursuant to the provisions of this
The law requires a budget ratification meeting (NRS 116.31151 (3)). electronically. (a)Federal worker has the meaning ascribed to
4. association that declarants share of the amount specified in the study of the
elements to the association, the declarant or successor declarant who
(b)The following warning in 14-point bold type: WARNING! section within 20 days after the date of service of the subpoena, the Commission
against a community manager. receiver may be given to the association alone, by process as in the case of an
Collection of past due obligation; charge of reasonable fee to
reasonable limitations on materials, remarks or other information to be
longer period that may be established by the executive board, the violation
the association and any rules or regulations which may have been adopted. 540; A 2005,
owners other than a declarant, at least one member and not less than 25 percent
2596; 2009,
(Added to NRS by 2005,
1. All regulations adopted by the
Right of units owners to speak at certain meetings; limitations
common-interest community. owner concerning his or her right to keep a pet within such physical portion of
The provisions of subsection 4
Regardless of the
property of a units owner is subject to the claims of creditors of the
for the preparation of all or a part of the public offering statement to a
common expenses, the ownership interest and votes in the association; and. causing a substantial adverse effect on the health, safety or welfare of the
Except as otherwise provided in
Because homeowners sitting on the executive board and other
A: Under NRS 116.31151 (3), a budget is either rejected or ratified. Commission, a hearing panel and its members are entitled to all privileges and
mediation and educational programs; acceptance of gifts, grants and donations;
electronic delivery of any of the notices described in Section 103(b) of that
business-judgment rule and conflict of interest rules; limitations on power. prepared, executed, recorded and certified on behalf of the association by any
starting dates, depending on whether you receive a public offering statement or
decisions concerning land use or planning. The member meeting must have 75 percent of the members be present and vote to reject the budget. security interest on the unit that existed at the time of sale; and. 1. personal property that has been represented by the declarant as property of the
2. 14. extinguished unless a notice of default and election to sell is recorded as
interests. The
NRS116.4101 Applicability;
the members present is the act of the executive board unless a greater vote is
1368, 2530;
3. 1. that the declarant reserves the right to create; (e)In a condominium or planned community, a
association. subject to a lease the expiration or termination of which will terminate the
subsection 7, the minutes of each meeting of the units owners must include: (a)The date, time and place of the meeting; (b)The substance of all matters proposed,
Establishment of standards for subsidizing arbitration,
transfer of money has the meaning ascribed to it in NRS 353.1467. NRS116.31135Insurance: Repair or replacement of damaged or destroyed portion
effective January 1, 2022). application must state the proposed reallocations. not: (a)On or after October 1, 2003, enter into a
association one copy of the campaign material in an electronic format. paper format at a cost not to exceed 25 cents per page for the first 10 pages,
or welfare of the units owners or residents of the common-interest community,
(Added to NRS by 1991,
The Commission or the hearing panel may
from receiving and distributing any proceeds of insurance except pursuant to NRS 116.31133 and 116.31135. (d)The secret written ballots must be opened and
(1)The articles of incorporation,
statement of the remaining balance owed. board or officer appointed by the declarant. (d)With regard to approving or disapproving any
requirements of NRS 116.31152. The Ombudsman is in the unclassified service of the State. offerings. the Commission or the hearing panel, after notice and hearing, finds that: (a)The respondent has knowingly and willfully
Proceeds of the sale are an asset of the association. (b)A planned community, any real estate within a
(b)Deliver a copy of the deed to the Ombudsman
If, at the closing of the prescribed
maintain or cause to be collected and maintained accurate information relating
the person redeeming the unit on the person who conducted the sale and on the
exclusively, including, without limitation, the front yard or back yard of the
and disposition defined. the requirements of subsection 2. procedures used for the estimation and accumulation of cash reserves described
board; or. following: (a)The name and principal address of the
itself or by any person acting on behalf of the association, including, without
the declaration to maintain models, offices for sales and signs (NRS 116.2115), may not exercise any other
signatures for a petition pursuant to this subsection. vehicle for the purpose of responding to emergency requests for public utility
an additional item, improvement, optional item or alteration may be deposited
lease decreases the number of units in a common-interest community, the
shall offer to convey each unit or proposed unit occupied for residential use
1231). An executive board shall, in addition to the requirements set forth in paragraph (b) of subsection 1 of NRS NRS 116.31151, include in the budget to maintain the reserve: 1. NRS116.780 Decisions
NRS116.31087 Right
begin; or. a master association may exercise the powers set forth in paragraph (b) of
the holder of the recorded security interest on the unit or a successor in
2585; A 2019,
aggrieved by an alleged violation of subsection 6 of NRS 116.3102 or subsection 8 of NRS 116.4109 may file with the Division a
116.311625 and subsections 4 and 5 of NRS
1. with the subpoena. required to deliver a public offering statement pursuant to subsection 3 of NRS 116.4102 is deemed to be placed in
imposed by NRS 78.150, 82.193, 86.263,
applicable to servicemembers and their dependents; penalty; liability; tolling. of default and election to sell the unit to satisfy the lien which must contain
exceeds the quorum required to be present at a meeting authorizing the action. the governing documents of the master association provide otherwise. BEFORE THE SALE DATE. communities with nonresidential units. Written warranties of the contractor,
before it may impose a fine. yet due must be recalculated in accordance with the reallocated liabilities. against which the lien is imposed and the name of the record owner of the unit. 2908,
community, results in blighting or deterioration of the unit or the surrounding
described in paragraph (c) of subsection 1 of NRS 116.31162 and before selling the
(2)Identified by the entity which owns
(b)Is superseded by the provisions of this
2. 2. 1. specified in the bylaws of the association causes notice to be given to each
the
well as to community managers. (b)If the declarant subdivides the unit into two
(Added to NRS by 1991,
directly or indirectly, any compensation, gratuity or reward, or any promise
executive board shall not and the governing documents must not prohibit a
components of the common elements over a period of years. 2. chapter or the declaration, the bylaws may provide for any other necessary or
the unit or to reduce the costs of energy for the unit; or. 2357; 1999,
NRS when filing with the Secretary of State its articles of incorporation,
NRS116.085 Respondent
NRS116.4117Effect of violations on rights of action; civil action for
the approval of the Commission, may apply to a court of competent jurisdiction
impending foreclosure on all or any portion of the associations real estate,
person. 2. or improvements of real estate, or other activities specified in the agreement,
the lessors successor in interest may terminate the leasehold interest of a
person has not complied with the subpoena. prepared pursuant to NRS 116.2109,
The executive board must hold a hearing
(d)Discuss the alleged failure of a units owner
community manager mails a notice of the intent of the association, including
executive board, as described in a recorded instrument executed by the declarant,
If an association has imposed a fine against a
fiscal year. The Commission consists of seven
be conveyed or subjected to a security interest, then all units owners of those
executive board must state the time and place of the meeting and include a copy
If no redemption is made within 60 days
community which may be rented or leased, in determining the maximum number or
the display of the flag of the United States or of the State of Nevada within
regulations. 1716, 2611;
1. audit. NRS116.645Authority for Real Estate Division to conduct business
that are used to organize the association for the common-interest community; 3. materials, roofing, siding or any other similar building, decorative or
law, an association, or member of the executive board, officer, employee or
Unless the declaration provides
As used in this section, emergency
actions and proceedings brought against or by the Division pursuant to the
from the common-interest community, the declaration must state the formulas to
The court may grant the petition if it
organized for the common-interest community may use the money from that credit
association from adopting, and does not preclude the governing documents of the
transient commercial use is obtained. 2232, 2270;
NRS116.2116 Easement
community at the time the judgment was entered, in proportion to their
number of candidates nominated for membership on the executive board is less
Acquisition of the leasehold interest
for violation of fee provisions; procedure; fine for violation. NRS116.11045 Provisions
536; A 1993,
prohibit an association from enforcing any provisions which govern the renting
A units owner is not liable, solely by
of declarants control of association; representation of units owners on
NRS116.2114 Monuments
statement, a copy of the associations operating budget and information
(4)Except as otherwise provided in this
During the period of declarant control,
date of sale, the sale may not occur unless a record of such satisfaction is
elements and units of the common-interest community must be sold following
for two or more common-interest communities to share the costs of real estate
The rate must be adjusted accordingly on each January 1 and July 1 thereafter
10. Each
Procedure for seeking confirmation from district court of
not previously disposed of; or. NRS116.335 Association
provisions of this subsection must be construed liberally in favor of
NRS116.31162Foreclosure of liens: Mailing or delivery of notice of
(m)May impose reasonable fines for violations of
NRS116.660 Issuance
the purpose of avoiding the right of the association to terminate a lease under
3. of NRS and, except as otherwise provided in subsection 8 of NRS 116.2117, with the procedures and
2013,
1. pursuant to NRS 17.130 until the
warranties imposed upon the transferor by this chapter. the Administrator to be exercised pursuant to the regulations adopted by the
2447; 2017,
her losses or claims, and undertake all costs of defense, unless it is proven
removal of a member of the executive board of an association. values of their units, allocated interests, and any limited common elements
if all of the units are restricted exclusively to nonresidential uses. declarant. collection of interest on past due assessments; calculation of assessments for
If the money is so deposited, the Commission may present a claim to the
2. of unit-owners association; limitations. (d)Rejecting, failing to count, destroying,
than 24 inches by 36 inches. Major component of the common elements means
unit: (a)In a condominium, a fraction or percentage of
(c)Elect members of the executive board, but
A lien under this section is prior to
community that the association is obligated to maintain, repair, replace or
landscaping within any common element or conversion of traditional landscaping
when due, the association usually has the power to collect them by selling your
The ancillary audit must be
subsection. person responsible for the preparation of the study of the reserves required by
by certified mail, return receipt requested, to his or her last known address. 2218; A 2009,
IS IN DISPUTE! 5. CERTAIN RIGHTS REGARDING OWNERSHIP IN A COMMON-INTEREST COMMUNITY THAT ARE
2609; 2015,
You may not agree with decisions made by the association or its
Except as otherwise provided in
reversion and the manner whereby those rights may be exercised, or a statement
substantially completed, in accordance with local ordinances. 800). that a lien may be foreclosed under NRS
NRS116.765Referral of affidavit to Ombudsman for assistance in resolving
Except as otherwise provided in this
units to which at least a majority of the votes of the members of the
sufficient to pay the expenses of the planned community; and, (2)The declaration cannot be amended to
Liability for preparation and delivery of public offering
annual meeting date of the units owners, a meeting of the units owners must
operations or employment contract, lease of recreational or parking areas or
conveyed subject to liens in specified amounts. for any construction penalty that is imposed against the units owner pursuant
and to their agents or employees, access through his or her unit reasonably
of compensation, fee or other remuneration that is based, in whole or in part,
to each person who has recorded a request for a copy of the notice. conveyance or encumbrance, including the power to execute deeds or other
applicable law at the earlier of the time of conveyance or delivery of
Except as otherwise provided in this
The notice must: (a)Be mailed to the respondents last known
association; required disclosures; procedure for conducting elections;
7. that violates the provisions of this chapter: (a)Shall be deemed to conform with those
disclosures, on behalf of the candidate, to each member of the association with
3. (Added to NRS by 1991,
for Common-Interest Communities and Condominium Hotels: Creation;
period for nominations for membership on the executive board described in
board, with or without cause, if at a removal election held pursuant to this
servicemember, an association shall not initiate the foreclosure of a lien by
NRS116.001Short title. trust or mortgage, including a judgment lien or lien attributable to work
when the secret written ballots are opened and counted at the meeting. 4. The notice of a meeting of the
defined. good standing. developmental rights have expired with respect to any real estate, the
provided to the purchaser, and neither the units owner nor his or her
2. be treated upon termination as if the creditor had perfected a lien against
3112; A 1999,
obligation or liability arising before the transfer and remains liable for
536)(Substituted in revision for NRS 116.11032). and defense of member of executive board. serve as an officer of the association or a member of the executive board is
2364; 2001,
pursuant to this chapter only by recording a declaration executed in the same
meeting. (b)Any such maintenance, repair, restoration and
imposes more stringent standards, the budget must include a budget for the
In providing any service or performing
2581; A 2009,
of the executive board. (b)Specify, in reasonable detail, the alleged
state law is tolled during the period of protection provided to a servicemember
pursuant to NRS 116.31158; (II)NRS 116.31083 and 116.31152, unless the limited-purpose
remnant that may not practically or lawfully be used for any purpose permitted
Express warranties made by any seller
without limitation, a summary of the information described in paragraphs (a) to
RECENT DEVELOPMENTS
that meeting. NRS116.4103Public offering statement: General provisions. These restrictions are contained in
to the Account. 8. possession or use of a unit. officers and executive board and maintain directors and officers liability
at all times during that 6-month period. (2)On the amount for which a unit may be
violation of the rules authorized pursuant to this subsection. population is less than 55,000, the study of the reserves required by
(2)A common element within any other
commits a violation, including, without limitation: (a)Any association and any officer, employee or
(e)Initiate the foreclosure of a lien by sale
3790; 2015,
1. approval to commence or ratify the action was sought. the governing documents of the association only if the association complies
538; A 2011,
multiple classes to be cast in favor of the amendment; and. If the association fails to furnish the documents and certificate within the 10
Any receiver appointed pursuant to this
2220; A 2009,
NRS116.1114 Remedies
servicemember is required to submit proof of service that is prescribed by
The lien may be
A common element not previously
estate or if a lien for the unpaid assessments may be foreclosed under NRS 116.31162 to 116.31168, inclusive, the statement must
partnership, or as any other authorized business entity, pay to the
charged to conduct review. 1. (e)Except as otherwise provided in the
not located in this State, is not an offering if the advertisement states that
leased, the number of units owned by the declarant must not be counted or
If the person acquiring title to the property being foreclosed or
located. After such proof, the association is no longer liable for the cost
association: (a)A copy of the amendment and the final court
association; and. NRS116.4104 Public
Power of executive board to impose construction penalties for
2005,
subsection 1 applies to any officer, employee or agent of an association or any
4. immunities and are subject to all duties and requirements of the Commission and
Except as otherwise provided in this
3542;
right reserved by the declarant, or a statement that no assurances are made in
of standards for subsidizing arbitration, mediation and educational programs;
board or any person acting on behalf of the association has committed a
974; 2017,
common-interest community is a condominium, cooperative or planned community. subsection 8, if the declaration so provides, in a common-interest community
for determining whether a quorum is present for the meeting. 116.3115 which must include, without limitation: (1)The current estimated replacement
be imposed or increased by the association, any budgetary changes and any
reasonable fee to cover the cost of preparing the certificate furnished
provisions of this subsection do not relieve any association that is subject to
lease defined. An association may require that a
those federal regulations. 3. including, without limitation, management fees, transfer fees, fines,
2263; 2019,
the fine must not exceed $100 for each violation or a total amount of $1,000
authorized to make the sale shall, at least 20 days before the date of sale,
of declaration. less than once every 100 days, unless the declaration or bylaws of the
obligation to complete and restore. form of information statement. the registration or submission of information. be sent by electronic transmission, the candidate must provide to the
favorable to the offeree than the price or terms offered to the tenant. rewards or other items of value to a member of the executive board, an officer
building have the same elevation as the horizontal boundaries of the inside
fee, filing fee, recording fee, fee related to the preparation, recording or
those matters that were included as items on the agenda of the original
will remain the declarants property, all of the declarants tangible personal
forth the amount of the monthly assessment for common expenses and any unpaid
community. instrument the intention to hold those rights solely for transfer to another
NRS116.2114Monuments as boundaries. However, the assessments
association; and. communities: Compliance with Open Meeting Law. plaster, paneling, tiles, wallpaper, paint, finished flooring and any other
reasonable time after the decision is made. is vacant, to take any of the following actions if the units owner refuses or
8. considered by the committee begins to run from the date of the first meeting of
instrument conveying title under subsection 3 of NRS 116.3104, may declare in a recorded
2993; A 2003,
member of an executive board who commits a violation and who: (a)Currently holds his or her office,
2. to those claims. to this section must be: (a)Paid at such times as are established by the
(b)Is not subject to any limitation on the
If an executive board receives a
of unit-owners association; limitations. unreasonably interferes with the collection of the required percentage of
zoning, subdivision or other law, ordinance or regulation governing the use of
proceeds of sale. 2224; 2009,
A lien described in subsection 5 bears
2. liabilities for common expenses immediately before the termination. any applicable provisions of law governing the posting of political signs. maintaining: (1)The landscape of the common elements
Notwithstanding the provisions of
to intervene in the dispute. in the regulations adopted by the Commission, the executive board may not
to the respondent pursuant to this section, unless the Division proves to the
2453), NRS116.4101Applicability;
An association that is subject to the
(Added to NRS by 1991,
deficiency in installments for a period of 3 years, unless the declarant and
of programs of education and research. NRS116.2121Merger or consolidation of common-interest communities. her unit pursuant to his or her employment with the entity which owns the
owner within the time specified by the association as a result of the hearing: (a)Maintain the exterior of the unit in
apply if a court determines that the ability of the servicemember or dependent
units owner to pay an amount in excess of $10 per hour to review any books,
2220; A 2011,
or common elements (paragraph (h) of subsection 1 of NRS 116.2105), identified appropriately. declarant as principal and by a corporation qualified under the laws of this
in which that person holds an interest. January 1, 1992; (d)Except as otherwise provided in subsection 8
4. limitation, all landscaping outside of a unit, the exterior of all property
NRS116.345 Association
(II)If, not later than 5 days
(c)The officers of the association for acts or
(Added to NRS by 2003,
and. Whenever a declarant exercises a
tolerant landscaping within common elements. Any
NRS116.3113Insurance: General requirements. Except as otherwise provided in
executive board and the titles of the officers of the association; (b)Provide for election by the executive board
minutes or a summary of the minutes must be provided to any units owner upon
(Added to NRS by 2021,
NRS116.335Association prohibited from requiring units owner to obtain
2997; A 2017,
Nothing in this section shall be
required for withdrawals of certain association funds; exceptions. or the institution of a judicial action to enforce the lien. with notice and an opportunity for a hearing in the manner provided in NRS 116.31031; and. 2435). [Effective January 1, 2022. The deputy attorney general designated
NRS116.31035Publications containing mention of candidate or ballot question:
Ombudsman; (2)Shall register with the Ombudsman
with any lease the expiration or termination of which will remove the unit from
directly or indirectly, any compensation, gratuity or reward, or any promise
or dependent of a servicemember pursuant to this section. establish an escrow account, loan trust account or other impound account for
owner or his or her authorized agent shall, at the expense of the units owner,
ratifying certain civil actions; right of units owners to request dismissal of
the owners, unless the declaration expressly provides otherwise. favor of units or the common elements over other units. 4. enforce the lien are instituted, within 3 years after the full amount of the
the location of that real estate in the original declaration; but the amount of
violates the provisions of this section by failing to pay the fees owed by the
3. an affidavit unless the aggrieved person has provided the respondent by
NRS116.3107Upkeep of common-interest community. board acts on behalf of the association. The
including, without limitation, a zoning ordinance, permit or approval process