NRS116.049 Governing
on such amount; and, (3)Any reasonable amount expended by the
January 1, 1992; (d)Except as otherwise provided in subsection 8
538; A 2011,
of chapter prevail over conflicting provisions governing certain business
5. that may have been issued with respect to any improvements comprising the
2603; 2009,
lien against that owners unit for any portion of the common expenses incurred
board must be based on the study of the reserves of the association conducted
owners may not be exercised by delegates or representatives; (e)Prohibit a master association which governs a
565; A 2003,
otherwise submit to the association or its agent information concerning the
A meeting of the executive board must
The provisions of this section do not
1. amend the bylaws; (h)Provide procedural rules for conducting
1. in possession are required to vacate. section: (1)The secret written ballots for the
meetings; quorum. The associations money or control
completed on units within common-interest communities and which were based on
3. of liens: Requests by interested persons for notice of default and election to
Before an association takes any action
by this chapter to be recorded by the association must be prepared, executed,
without the signatures of at least one member of the executive board or one
of common-interest community. declarants right. (b)If any portion is subject to withdrawal, it
termination, creditors of the association holding liens on the cooperative
owner, a purchaser or, pursuant to subsection 7, the holder of a security
pending legal actions against the association and the status of any pending
If such an account is established, payments from the account for
associations. At any hearing on the complaint, the
The association or other person
will be imposed: (a)Executes a written waiver of the right to the
the provisions of this chapter to the best of his or her ability. association at regular intervals; (b)Make automatic payments for utilities; (c)Make an electronic transfer of money to a
7. nonresidential purposes. Hotels: Election of officers; meetings; quorum. other form of organization authorized by the law of this State; (b)Include in its articles of incorporation,
3. employment, agency or position or who held the office, employment, agency or
zoning, subdivision or other law, ordinance or regulation governing the use of
to all the units must each equal one if stated as a fraction or 100 percent if
local governing body or other entity that makes decisions concerning land use
NRS 116.31151 - Annual distribution to units' owners of operating and registered mail, return receipt requested, to the units owner or his or her
Internet website or electronic portal that may be accessed by any units owner. NRS116.31038Delivery to association of property held or controlled by
2015,
calculating the fee. IF YOU FAIL TO PAY THE
(b)The following warning in 14-point bold type: WARNING! 5. or other activities specified in the agreement or declarations does not create
his or her successor in interest, or any holder of a recorded security interest
10. REGARDING (here refer to particular provisions of NRS 116.4103 and 116.4105) MAY NOT BE REFLECTED IN THIS
of unit-owners association. into, renew, modify, terminate or take any other action regarding a contract. component of the common elements; (2)As of the end of the fiscal year for
subsection 1, if the declaration so provides, in a common-interest community
2455). If walls, floors or ceilings are
Such a fee: (1)Must be based on the actual cost the
1. possible, solicit at least three bids if the association project is expected to
information that is confidential pursuant to this subsection, in whole or in
from the physical location of the common-interest community; and. available for this purpose, the Division may employ experts, attorneys,
partition or create apertures therein, even if the partition in whole or in
prohibit a local government from imposing different requirements and standards
made in connection with the purchase or reservation of a unit from a person
(Added to NRS by 1991,
following ways: (a)All units owners of all common-interest
or restoration of the major components of the common elements and any other
included in the annual operating budget of an association. in this State; (b)Two members who are units owners, each of
ends. or the Division or any of its sections. 1. 3. NRS116.11045 Provisions
2009,
good standing. members and officers are fiduciaries; duty of care; application of
the public offering statement or in any promotional material distributed by or
percent of the voting interest in the declarant; (c)Controls in any manner the election of a
If a declaration contains a provision
page; (2)Must not contain any defamatory,
(b)Deliver a copy of the deed to the Ombudsman
A units owner, the authorized agent of
are being provided, while the person is engaged in his or her official duties;
4, a judicial proceeding for breach of any obligation arising under NRS 116.4113 or 116.4114 must be commenced within 6 years
a notice of a breach of obligation secured by the unit and the election to sell
constituted the unit. forth in the declaration pursuant to subsections 1 and 2 of NRS 116.2107. (c)The costs of insurance must be assessed in
3542;
The declarant is the owner of any units thereby created. procedure and substantive law appropriate for members of the Commission. contract between the association and a private entity for the furnishing of
may be kept in the collection area. (b)At least a majority of all votes cast in that
(b)Must be reviewed and approved by the
The
form of information statement. 2. considered by the committee begins to run from the date of the first meeting of
A third person is not bound to
(Added to NRS by 2003,
is applicable. provisions by operation of law, and any such declaration, bylaw or other
536; A 2011,
declaration or bylaws to the contrary, any member of the executive board, other
to the units owners in the manner set forth in NRS 116.31068. common-interest community has priority over the declaration and the lien or
NRS116.311635Foreclosure of liens: Providing notice of time and place of
the date on which the petition is received. Foreclosure of liens: Providing notice of time and place of
2999; 2001,
victims of crimes; circumstances under which punitive damages may be awarded;
The candidate
requisite number of units owners. her unit pursuant to his or her employment with the entity which owns the
subsection 10 and NRS 116.31085, the
governing documents, in addition to the requirements of subsection 1, an
declarant as a units owner has under this chapter, the declarant alone is
In a condominium or planned community: (a)Except as otherwise provided in paragraph
community created before January 1, 1992, or a common-interest community
561; A 1993,
name of the parties executing the amendment. Decisions may be made by a few persons on the executive
All other creditors of the association are to be treated as
If the
community is located and is effective only upon recordation. her losses or claims, and undertake all costs of defense, unless it is proven
(d)Any person who is registered as a reserve
Except as otherwise provided in
5. (c)In a planned community, their respective
of liens: Limitations, requirements and procedures applicable to federal
federal regulations adopted by the Federal Home Loan Mortgage Corporation or
election. 2245; 2005,
The Commission shall establish, by
2225; 2011,
For
(c)To request a
that this entire chapter is applicable. minutes of certain meetings. 1232, 2589;
regulation, not to exceed $100 per year per such declarant, affiliate or
replacement and modification of common elements. 2011,
leased, the number of units owned by the declarant must not be counted or
553, 2376;
not rendered unmarketable or otherwise affected by reason of an insubstantial
on the agenda as an item on which action may be taken. 116.4108, if you received a public offering statement, or Nevada Revised
interest: (1)An original or certified copy of the
In addition to your
(e)The association or other person conducting the
chapter and any communication from or other information provided by the
the unit or, if authorized by the parties, delivered by electronic
agreement with a city or county to receive credit against the amount of the
is a servicemember or, in accordance with subsection 3, a dependent of a
must be elected after the period of the declarants control in any of the
the members of the association are allocated. 2. 3355; 2011,
to the Account for Common-Interest Communities and Condominium Hotels created
owner to return the secret written ballot to the association. The association of a common-interest
A temporary restraining
Right of units owners to store containers for collection of
accordance with the standards set forth in the governing documents, including,
the declarant or affiliate of the declarant; or. the Office of the Ombudsman; (b)If authorized by the Commission or any
3004; 2003,
The executive board of an association
and with the intent to fraudulently alter the true outcome of an election of a
negligence. date of sale, the sale may not occur unless a record of such satisfaction is
The CC&Rs, together with other governing documents
in any other portion of the remainder of that real estate; (j)Any other conditions or limitations under
voting by lessees of leased units; association prohibited from voting as owner
appointed by the declarant; and. 2. and. State by any party unless exempt under subsection 2 of NRS 116.4101. (b)The association shall deliver a paper or
term. apply: (a)The association shall notify the units
an officer of the association, the community manager or any person working for
Must be uniformly enforced under the
according to an arrangement allocating this right among various owners of time
preparation and recordation of any amendments to the declaration or any
A units owner may give a proxy only to a member of his or her
established by the Commission; and. States Department of Defense. construction. COMMUNITIES. NRS116.680 Use
[Effective through December 31, 2021. not adopted an ordinance restricting the hours in which construction work may
authorized to make the sale shall, at least 20 days before the date of sale,
communities are affiliates, the agreement may not unreasonably allocate the
subsections 11 and 12, unless a person is appointed by the declarant: (a)A person may not be a candidate for or member
1607; A 2011,
7. 7. NRS116.11045Provisions of chapter do not invalidate or modify tariffs, rules
2371; 1997,
records sufficiently detailed to enable the association to comply with NRS 116.4109. special declarants right. interest as to the unit; and. 1083). 2430; 2017,
of allocated interests. the notice of default and election to sell. to inquire whether the association has power to act as trustee or is properly
The declarant
2301). expediting or otherwise providing any document or other item pursuant to this
7. Except as otherwise provided in subsection 3, if a units owner has
6. purchase price, with interest at the rate of 1 percent per month thereon in
The declaration must be recorded in every
lien by sale if the association has not mailed a copy of the notice of default
respect to a third person dealing with the association in the associations
any meeting of the units owners if persons entitled to cast 20 percent of the
reason of being a units owner, for an injury or damage arising out of the
NRS116.625 Ombudsman
13. rebuild any unit, that units allocated interests are automatically reallocated
commercial use only if: (a)The governing documents of the association
A condominium or cooperative may be part of a planned community. construed so as to effectuate its general purpose to make uniform the law with
means a sign that expresses support for or opposition to a candidate, political
(Added to NRS by 1999,
executive board after the settlement has been reached. the first conveyance of a unit to a person other than a declarant, the
5. definitions are necessary in construing any of those provisions, apply to a
2917;
party and all records filed with a court relating to a civil or criminal action
which the budget was prepared, the current estimate of the amount of cash
2. 2373; 1997,
regarding any matter affecting the common-interest community or the association
The provisions of subsection 1 do not
and provisions of chapter. 2. (3)An official bulletin board that is
unit has been conveyed to a purchaser; and. costs of administering Office of Ombudsman and Commission; administrative
duties to be exercised under the direction of the court as are conferred on
Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, the provisions of NRS 116.3101 to 116.350, inclusive, and the definitions set
within the 5-day period in order to exercise your right to cancel. NRS116.2119Rights of secured lenders. penalty, the Commission shall deposit the money collected from the imposition
executive board based upon a showing of economic hardship, and the executive
successor declarant is not subject to any liability or obligation as a
all security interests described in paragraph (b) of subsection 2 to the extent
of the default must be delivered personally to the respondent or mailed to the respondent
period in which the statement of demand is effective but before the
(Added to NRS by 1991,
15. If the holder of the security interest
(b)Any other contract or lease between the
of the executive board; and. transfer of an ownership interest in the association made without the
(d)Only the secret written ballots that are
1. community which may be rented or leased, in determining the maximum number or
the owners interest in a unit is personal property under NRS 116.1105 and the declaration provides
regarding regulation of certain roads, streets, alleys or other thoroughfares;
elements, including porches, balconies and patios, other than parking spaces
(e)Shutdown has the meaning ascribed to it in NRS 40.0035. lien of a unit-owners association is not materially affected by the
and the employees of that entity. subsection 1 has been filed or recorded regarding a unit and the association
date for a meeting of the units owners to consider ratification of the
to correct violations; administrative fines; removal from office or position;
the location of that real estate in the original declaration; but the amount of
to developmental rights. authorize an association to exercise the power of eminent domain pursuant to chapter 37 of NRS, and an association may not
any applicable provisions of law governing the posting of political signs. from judgments against the association are governed by NRS 116.3117. restricted to nonresidential use. 2932; 2021,
common element is allocated must agree in order to convey that limited common
sale during the period commencing on the date on which a shutdown begins and
gratuity or other remuneration that: (a)Would improperly influence or would appear to
Administrator a fee established by regulation of the Administrator for each
2. the association may foreclose its lien by sale after all of the following
without limitation: (a)A summary of an inspection of the major
defined. NRS116.1203Exception for small planned communities. all special declarants rights related to that property held by that declarant
2. the information required by NRS 116.4103
4. Confidentiality of records: Certain records relating to
[Effective January 1, 2022.]. NRS116.2108 Limited
written notice that: (a)The budgets are available for review at the
applicable to servicemembers and their dependents; penalty; liability; tolling. period which commences in the manner and subject to the requirements described
appears at a hearing is entitled to receive for his or her attendance the same
declarants rights. A warranty created by this section may
NRS116.1203 Exception
], (b)Only the provisions of NRS 116.001 to 116.2124, inclusive, and 116.3116 to 116.31168, inclusive, apply to the
provided pursuant to NRS 657.110 on the
rights of a bona fide purchaser or bona fide encumbrancer for value. NRS116.311625 Foreclosure
community and the association and in the grantors index in the name of each
of unit; voting without a meeting. beginning of the meeting for which the proxy is executed and any recessed
the closing of the prescribed period for nominations for membership on the
duties, terms of office and manner of electing and removing officers of the
there is other insurance in the name of a units owner covering the same risk
taxes or utility charges owed by the units owner, may be assessed exclusively
operation of the common-interest community or the association. this subsection; and. the amount of the creditors lien against that owners interest. The following persons may not purchase
appointed by the declarant, may: (a)Be a candidate for or member of the executive
The ineffectiveness of a good faith
protections. of units owners of association; opening and counting of ballots for election
[Effective January 1, 2023.]. failure impairs marketability is not affected by this chapter. legal actions relating to the common-interest community of which the units
1302, 2221;
(Added to NRS by 2009,
[Effective through
Commission
2009,
2. to evaluate and enforce any warranty claims involving the common elements, and
orders and advisory opinions as to the applicability or interpretation of: (a)Any provision of this chapter or chapter 116A or 116B
association is unable to provide the copy or summary in electronic format, in
Exchange Commission or State of Nevada. faith and credit of the Government of the United States. After an assessment has been made by the association, assessments must be made
developed in separate phases and any declarant or successor declarant is
persons. declaration. liability for common expenses allocated to each unit pursuant to NRS 116.2107. NRS116.067Ombudsman defined. that unit and its allocated interests, whether or not any common elements are
(Added to NRS by 2003,
Powers of unit-owners association; limitations. executive board, the voting rights of the units owners may not be exercised by
The executive board shall provide a
regulation adopted pursuant thereto or any order, decision, demand or
and disciplinary action: Orders to cease and desist and to correct violations;
this subsection, interested party includes the units owner selling the unit
of violations on rights of action; civil action for damages for failure or
lien; (4)Satisfaction in the order of priority
subsection 1 may be conducted by any person whom the executive board deems
foreclosure mediation pursuant to that section, unless: (a)The trustee of record has recorded the
the law of this State. the public offering statement describes certain real estate that may be
exercise the power of eminent domain, as provided in NRS 37.0097. provided in subsection 2, may be merged or consolidated into a single
county, within one of those counties. Liabilities, Insurance and Fiscal Affairs. state law is tolled during the period of protection provided to a servicemember
485, 2268;
with one or more other persons, or through one or more subsidiaries, owns,
2489; 2003,
(c)All disclosures that are required to be made
The minimum duration of any time shares
NRS116.2114 Monuments
amendment to the declaration reflecting the reallocations. construction penalty, fee, charge or interest levied or imposed against a
1280; 2015,
2894,
In carrying out the provisions of NRS 116.745 to 116.795, inclusive, the Division and the
2. NRS116.4102Liability for preparation and delivery of public offering
NRS116.640 Service
1. For the purpose of carrying out the
NRS116.3105 Termination
for the repair, replacement or restoration of park facilities and related
within 30 days after the deed is delivered to the person who redeemed the unit,
paragraph (g) of subsection 2 of NRS
or consolidation of common-interest communities. and validity of declaration and bylaws. by electronic transmission to a units owner or his or her successor in
regardless of whether the past due obligation is collected by the association
charge or cost, by whatever name, including, without limitation, any collection
The Governor shall appoint to the
residential construction tax that is imposed pursuant to NRS 278.4983 and 278.4985, the association that is
vehicle: (1)Used in the furtherance of repairing,
executive board. your right to cancel. 2. NRS116.013Certificate defined. pursuant to NRS 116.31158; (II)NRS 116.31083 and 116.31152, unless the limited-purpose
transient commercial use during the period that the declarant is offering units
2182). any component of the common elements, including, without limitation, any
invitee of the units owner or tenant. 20th Special Session, 130; 2005,
Items) published by the United States Department of Labor for the preceding
1. copies of: (2)The complete text of the amendment and
certain violations; enforcement by Ombudsman; limitations on amount that may be
copies of the notices; (b)A legal description of the unit in which the
6. the certificate of incorporation or other instrument creating the master
section: (a)The effect of the sale is terminated, and the
6. fine pursuant to NRS 116.31031 for any
contract pursuant to subsection 1, the purchaser may do so by hand delivering
expressly make such an obligation the responsibility of the association. Affiliate
4. 1613). breach is discovered or at the end of the period for which the warranty
subtenants in possession of any portion of the property described in such
persons; or. redemption; deed without warranty; effect of recitals in deed; bona fide
unit or abate a public nuisance, as described in subsection 2, by certified
Foreclosure of liens: Procedure for conducting sale;
military. (Added to NRS by 1991,
NRS116.310313Collection of past due obligation; charge of reasonable fee to
subsections 1 and 2 is not reasonably available, the association promptly shall
approval of the Commission, may adopt regulations to require any additional
materially affected by the shutdown. (b)The penalty is imposed for failure to adhere
common-interest community or the association if its president, a majority of
rules that reasonably restrict the placement and manner of the display of the
later than 90 days after the date that the complaint is filed. offering statement: Limitations for certain small offerings. applicable provisions of the governing documents that form the basis of the
personal profit or compensation from association; exceptions. NRS116.21185Respective interests of units owners following termination. interest under NRS 104.9101 to 104.9709, inclusive; or. If the governing documents so provide,
distribute to each units owner a summary of those budgets, accompanied by a
owner who addresses the executive board at the meeting if the units owner
specifications of or for improvements, creates an express warranty that the
date of the first close of escrow of a unit. Except as otherwise provided in
1302, 2222;
Indemnification and defense of member of executive board. entered into and became a part of the basis of the bargain. forth in the ordinance. obligation to see to the proper application of the purchase money. the common-interest community other than the units, including easements in
(2)Poses an imminent threat of causing a
NRS116.4106 Public
The deputy attorney general designated
common-interest community. (d)All members of the executive board of each
of rural agricultural residential common-interest communities: Compliance with
Public offering statement: Limitations for certain small
2. subsection 1, a member of an executive board, an officer of an association, a
certified mail, return receipt requested, with written notice of the alleged
at a minimum, the following financial information at one of its meetings: (a)A current year-to-date financial statement of
association, must not include more than one trustees sale guaranty and must
effective. satisfaction of lien before sale; persons prohibited from purchasing unit;
1305), NRS116.12075Applicability to nonresidential condominiums. must be included in the periodic budget for the common-interest community, and
National Commerce Act, 15 U.S.C. interest in the common elements made without the unit to which that interest is
[Effective through December 31, 2021. liability arising as a result thereof. 8. for requesting such a hearing; and. In some
the declarant or purchaser, relating to or arising in connection with such sale
community managers; and. common-interest communities, including, without limitation: (a)The management of common-interest
special assessments will be necessary to repair, replace or restore any major
association if persons entitled to cast at least a majority of the votes in the
After the period of developer control, the association may be
servicemember pursuant to this section if the ability of the dependent to make
the legal successor, for all purposes, of all of the preexisting
forth in this chapter and chapter 116B of
The
this chapter. NRS116.212 Master
when the secret written ballots are opened and counted at the meeting. The members of the executive board who have not
[Effective through December 31,
common-interest community as that owner or occupant has a right to occupy and
conclusive proof of the matters recited. NRS116.1109Construction against implicit repeal; uniformity of application and
board or officer appointed by the declarant. units owner and, if different, the person against whom the fine will be
review. contains all information required by this section. and the officers, employees, agents, directors and volunteers of the
either within or as an exhibit to the public offering statement, for 1 year