THE NEVADA UNIFORM
COMMON-INTEREST OWNERSHIP ACT
AND
RELATED LAWS
2007 - 2009 EDITION [Codified]
Compliments of
Angius & Terry llp
|
1120 North Town Center Drive
Suite 260
Las Vegas, Nevada 89144
Telephone: (702) 990-2017
Facsimile: (702) 990-2018 |
313 Flint Street
Reno, Nevada 89501
Telephone: (775) 337-1190
Facsimile: (775) 337-1191 |
WHAT IS IN THIS BOOKLET?
The Uniform Common-Interest Ownership Act (Uniform Act) was
passed into law by the Nevada Legislature in 1991 and became effective on
January 1, 1992. By this Act, the Legislature sought to provide statutory
guidance to Common-Interest Communities throughout the State. Coupled with
the pertinent Covenants, Conditions and Restrictions ("CC&Rs"), Bylaws, and
Rules and Regulations, the provisions of the Uniform Act, and related Court
decisions, set out the legal principles that govern the management and
operation of Common-Interest Communities in Nevada. In addition, the
Uniform Act sets forth certain of the legal guidelines that define the
relationship between the homeowner’s association, its members and third
persons.
This booklet contains the text of the Uniform Act in its
entirety. We have also included certain other Nevada statutes and
administrative codes that are either incorporated by reference in the
Uniform Act or which we have found to be relevant to the management and
operation of Common-Interest Communities.
It is important to note that the Uniform Act is continually
being amended as the Legislature attempts to create, in piecemeal fashion, a
more comprehensive body of law governing Common-Interest Communities.
2007 LEGISLATIVE AND 2006 & 2007 REGULATORY CHANGES
The 2007 legislation session produced very few changes to the
statutes which govern the operation of a Common-Interest Community. However,
a Bill which contained a great number of changes, and would have had a
devastating effect upon the operation of Associations, Assembly Bill (“AB”)
396, was vetoed by Governor Jim Gibbons. AB 396 would have hampered
Association Board’s ability to regulate traffic, to prevent Owners from
installing shutters on Association Property (common areas), to make certain
determinations regarding adequate Reserve funding, to pass the total cost of
preparing resale packages to home sellers, and would have made changes to
foreclosure laws which would have delayed Association’s receipt of
assessments. Those bills that did pass were AB 209, AB 365 and AB 562. AB
209 made certain changes to method of assessing taxes for the common
elements. AB 365 authorized the Real Estate Division to create an
interactive website for licenses, permits, certificates and registrations.
AB 562 revised certain provisions governing persons regulated by the Real
Estate Division.
With this version of our booklet, for the first time we
include Chapter 116 of the Nevada Administrative Code (“NAC”) which governs
the management of Common-Interest Communities. The Commission for
Common-Interest Communities made numerous changes to NAC 116 in 2006 and
2007 through the adoption of new or changed regulations.
The regulations adopted or changed by the Commission are
regulations:
· providing
for the appointment of hearing panels; the procedures of a hearing; the
procedures for appealing the decisions of a hearing panel; the procedures of
a review hearing; the distribution of costs for the transcription of a
hearing; and the circumstances under which the Commission for
Common-Interest Communities will not grant a hearing;
· prescribing
the requirements for the preparation and presentation of financial
statements of an association and the requirements for the
auditing or reviewing of financial statements of an association;
· limiting
the amount that an association may charge for preparing certain
certificates;
· requiring
a limited-purpose association to comply with certain requirements;
· exempting
certain classes and related costs from constituting a gift, reward or other
item of value; limiting the amount that certain persons may receive as
gifts, rewards or other items of value; and requiring such persons to report
such gifts;
· revising
the requirements for provisional community managers and supervising
community managers;
We have included the 2007 statutory and 2006 & 2007
regulatory updates, where applicable, in bolded and italicized text,
within the text of each
section.
WHO IS ANGIUS & TERRY LLP?
Angius & Terry llp
has over thirty years of experience helping Common-Interest Communities and
property owners protect their rights.
Angius & Terry llp
prides itself on the service and commitment that it offers to its clients.
Angius & Terry llp
possesses extensive experience handling the corporate and business affairs
of its Common-Interest Community clients. This experience includes:
·
Drafting and amending CC&Rs, Bylaws, Articles of Incorporation and other
governing documents;
·
Interpretation and enforcement of governing documents;
·
Interpretation of statutes and ordinances as they relate to the management
and operation of the Association;
·
Delinquent assessment collection and lien procedures;
·
Architectural control committees and compliance;
·
Contract drafting and review;
·
Claims by and against Association vendors, contractors and suppliers.
Angius & Terry llp
has raised hundreds of millions of dollars in Common-Interest Community
construction defect lawsuits. We have the experience and the commitment to
see your case through to a successful conclusion.
Angius & Terry llp's
objective is to use the knowledge gained during the litigation process to
work with our Common-Interest Community clients and their management
companies after the lawsuit is concluded. This will ensure that the
reconstruction process satisfactorily addresses the Common-Interest
Community's construction problems. Conclusion of a Common-Interest
Community's lawsuit does not end our commitment to that Common-Interest
Community.
Angius & Terry llp
offers free initial consultations to Common-Interest Community Boards of
Directors faced with potential construction defects. In many instances,
there are alternatives which, when properly used, can resolve construction
defect problems short of litigation.
Angius & Terry llp
has been awarded an "A-V" rating by Martindale-Hubbell, the highest rating
given to any law firm in the United States. We are active participants and
sponsors of the Community Associations Institute (CAI) and the Institute of
Real Estate (IREM).
Mr. Angius
has specialized in homeowners association law since 1977.
His experience over the years in dealing with the legal problems that
confront homeowners associations has helped position Angius & Terry LLP as
one of the premier firms representing homeowners associations in the western
United States. A dynamic and animated speaker, he is frequently asked to
lecture with respect to legal issues which relate to common interest
developments. He has, likewise, written numerous articles on a wide range
of topics pertaining to common interest developments.
Among his many professional accomplishments, Mr. Angius was
the lead attorney in the landmark Willow Park Marina Homeowners Association
suit which resulted in the complete demolition and reconstruction of a
common interest development. He was also the lead attorney in a homeowners
association construction defect suit which resulted in a recovery
approaching $19,000,000 for only 155 condominium units.
Mr. Angius graduated from Columbia University in 1974 with a
Bachelor of Arts degree and received his law degree in 1977 from the
University of the Pacific, McGeorge School of Law. He is a member of the
Nevada State Bar Association, Clark County Bar Association, Washoe County
Bar Association and the litigation and construction sections of the American
Bar Association. He is also a member of the Community Association
Institute, among numerous other organizations serving the needs of the
community association community.
Mr. Terry
specializes in construction, community association and
insurance law. In addition to his extensive handling of construction defect
cases, he works closely with association management companies and boards of
directors in providing both legal and practical advice regarding the
day-to-day affairs of their associations, enforcement and revision of
governing documents, and delinquent assessment collection.
He graduated from the University of California at Irvine in
1980 with degrees in Literature and Economics and received his law degree in
1984 from the University of California, Hastings College of Law, where he
served on the editorial board of the Hastings Constitutional Law Quarterly.
Mr. Terry frequently lectures on topics relevant to common
interest developments, including new and pending legislation, mediation,
effective assessment collection and construction defect litigation.
He is a member of the Nevada State Bar Association, Clark
County Bar Association, Washoe County Bar Association and the litigation and
construction sections of the American Bar Association. He is also a member
of the Community Association Institute, among numerous other organizations
serving the needs of the community association community.
QUICK REFERENCE INDEX
This
quick reference index is comprised of the issues most frequently raised by
Board Members while performing their duties, in our experience, and includes
the statute or code section and page number where these issues are addressed
in this booklet.
Agenda
[NRS 116.3108(4)]...................................................................................................................
52
Amendment to Declaration [NRS
116.2117]...................................................................................
30
Artificial “Xeriscape” landscape [NRS
116.330]................................................................................
79
Association property; delivery by Declarant [NRS
116.31038]..................................................... 46
Appointment to Board in case of vacancies [NRS
116.3103(2)].................................................... 40
Audit
and review of financial statements [NRS
116.31144]......................................................... 64
Board
Members
Prohibited Acts [NAC 116.405]....................................................................................................
145
Responsibilities [NAC 116.400]....................................................................................................
144
Books,
Records and Other Documents
Copies [NRS 116.3118(2)]...............................................................................................................
76
Financial records [NRS
116.31177]................................................................................................
76
Maintenance, availability and inspection [NRS
116.31175]...................................................... 75
Budgets;
operating and reserve [NRS
116.31151]..........................................................................
66
Bylaws
[NRS 116.3106].........................................................................................................................
50
Construction penalties [NRS
116.310305]........................................................................................
40
Declarant control period [NRS
116.31032].......................................................................................
43
Definitions
“Common Elements” [NRS 116.017]............................................................................................
11
“Common Expenses” [NRS 116.019]............................................................................................
11
“Governing Documents” [NRS
116.049]......................................................................................
13
“Limited Common Element” [NRS
116.059]...............................................................................
14
“Major component of the common elements” [NRS
116.0605]............................................ 14
“Unit” [NRS 116.093].......................................................................................................................
16
Display
of American Flag [NRS 116.320]............................................................................................
79
Elections
Board and Officers [NRS
116.31034].............................................................................................
43
Candidate required disclosures [NRS
116.31034(5)]
................................................................ 44
Removal of Board member [NRS
116.31036].............................................................................
45
Executive Session [NRS
116.31085(3)]..............................................................................................
56
Fiduciary duty & Business-Judgment Rule [NRS
116.3103] .......................................................... 40
Fines
and Sanction; power to impose; proceedural requirements
[NRS 116.31031]............. 40
Foreclosure [NRS 116.31162
- NRS 116.31168].......................................................................
70 - 74
General
record of violations [NRS
116.31175(2)]............................................................................
75
Governing Document provisions conflicting with NRS 116
[NRS 116.1206]..............................
21
Lease
Restrictions; validity [NRS
116.335]........................................................................................
80
Liens
[NRS 116.3116]............................................................................................................................
69
Meetings
Board meetings [NRS 116.31083].................................................................................................
54
Homeowner meetings [NRS
116.3108(1)]..................................................................................
51
Special meetings [NRS
116.3108(2)].............................................................................................
52
Notice
Board meetings [NRS
116.31083(2)]............................................................................................
54
Changes to Governing Documents [NRS
116.12065].................................................................
21
“Emergency” [NRS
116.3108(12) & NRS 116.31083(12)]...............................................
53 & 55
Homeowner meetings [NRS
116.3108(3)]..................................................................................
52
Powers
of Association [NRS 116.3102]..............................................................................................
38
Prohibitions; certain personnel
Contracting with Association; personal profit [NRS
116.31187]............................................. 78
Solicitation or acceptance of compensation or gratuity
[NRS 116.31185]............................
77
Regulation of Public Streets; restrictions [NRS
116.350]...............................................................
82
Resale
of Units [NRS 116.4109]..........................................................................................................
86
Reserves
Adequate funding [NRS
116.3115(2)(b)]......................................................................................
65
Study of Reserves [NRS
116.31152]..............................................................................................
67
Retaliatory action prohibited [NRS
116.31183]...............................................................................
77
Rules
[NRS 116.31065].........................................................................................................................
50
Security
shutters / locks; right of installation [NRS
116.2111(2)(b)]........................................... 28
Schedule
of Fines [NRS 116.3108(5)].................................................................................................
53
Termination of Declarant contracts [NRS
116.3105]......................................................................
50
Towing
48-hour rule [NRS
116.3102(s)].....................................................................................................
39
In
general [NRS Chapter 487].......................................................................................................
161
NEVADA REVISED STATUTES - CHAPTER 116
COMMON‑INTEREST OWNERSHIP (UNIFORM ACT)
ARTICLE 1
GENERAL PROVISIONS
PART I
DEFINITIONS AND OTHER GENERAL PROVISIONS
NRS
116.001 Short title.
NRS
116.003 Definitions.
NRS
116.005 “Administrator” defined.
NRS
116.007 “Affiliate of a declarant” defined.
NRS
116.009 “Allocated interests” defined.
NRS
116.011 “Association” and “unit‑owners’ association” defined.
NRS
116.013 “Certificate” defined.
NRS
116.015 “Commission” defined.
NRS
116.017 “Common elements” defined.
NRS
116.019 “Common expenses” defined.
NRS
116.021 “Common‑interest community” defined.
NRS
116.023 “Community manager” defined.
NRS
116.025 “Complaint” defined.
NRS
116.027 “Condominium” defined.
NRS
116.029 “Converted building” defined.
NRS
116.031 “Cooperative” defined.
NRS
116.033 “Dealer” defined.
NRS
116.035 “Declarant” defined.
NRS
116.037 “Declaration” defined.
NRS
116.039 “Developmental rights” defined.
NRS
116.041 “Dispose” and “disposition” defined.
NRS
116.043 “Division” defined.
NRS
116.045 “Executive board” defined.
NRS
116.047 “Financial statement” defined.
NRS
116.049 “Governing documents” defined.
NRS
116.051 “Hearing panel” defined.
NRS
116.053 “Identifying number” defined.
NRS
116.055 “Leasehold common‑interest community” defined.
NRS
116.057 “Liability for common expenses” defined.
NRS
116.059 “Limited common element” defined.
NRS
116.0605 “Major component of the common elements” defined.
NRS
116.061 “Management of a common‑interest community” defined.
NRS
116.063 “Master association” defined.
NRS 116.065 “Offering”
defined.
NRS 116.067 “Ombudsman”
defined.
NRS 116.069 “Party to the
complaint” defined.
NRS 116.073 “Person”
defined.
NRS 116.075 “Planned
community” defined.
NRS 116.077 “Proprietary
lease” defined.
NRS 116.079 “Purchaser”
defined.
NRS 116.081 “Real estate”
defined.
NRS 116.083 “Residential
use” defined.
NRS 116.085 “Respondent”
defined.
NRS 116.087 “Security
interest” defined.
NRS 116.089 “Special
declarant’s rights” defined.
NRS 116.091 “Time share”
defined.
NRS 116.093 “Unit”
defined.
NRS 116.095 “Unit’s owner”
defined.
NRS 116.1104 Provisions of chapter may not be varied
by agreement, waived or evaded; exceptions.
NRS 116.1105 Categorization
of property in certain common‑interest communities.
NRS 116.1106 Applicability
of local ordinances, regulations and building codes.
NRS 116.1107 Eminent domain.
NRS 116.1108 Supplemental
general principles of law applicable.
NRS 116.11085 Provisions of chapter prevail over
conflicting provisions governing certain business entities
generally.
NRS 116.1109 Construction against implicit repeal;
uniformity of application and construction.
NRS 116.1112 Unconscionable
agreement or term of contract.
NRS 116.1113 Obligation of
good faith.
NRS 116.1114 Remedies to be
liberally administered.
PART II
APPLICABILITY
NRS 116.1201 Applicability;
regulations.
NRS 116.1203 Exception for
small planned communities.
NRS 116.1206 Provisions of governing documents in
violation of chapter deemed to conform with chapter by operation of law;
procedure for certain amendments to governing documents.
NRS 116.12065 Notice of
changes to governing documents.
ARTICLE 2
CREATION, ALTERATION AND TERMINATION OF COMMON‑INTEREST
COMMUNITIES
NRS 116.2101 Creation of
common‑interest communities.
NRS 116.2102 Unit
boundaries.
NRS 116.2103 Construction
and validity of declaration and bylaws.
NRS 116.2104 Description of
units.
NRS 116.2105 Contents of
declaration.
NRS 116.2106 Leasehold
common‑interest communities.
NRS 116.2107 Allocation of
allocated interests.
NRS 116.2108 Limited common
elements.
NRS 116.2109 Plats and
plans.
NRS 116.211 Exercise of
developmental rights.
NRS 116.2111 Alterations of
units; access to units.
NRS 116.2112 Relocation of
boundaries between adjoining units.
NRS 116.2113 Subdivision of
units.
NRS 116.2114 Monuments as
boundaries.
NRS 116.2115 Use for
purposes of sales.
NRS 116.2116 Easement
rights; validity of existing restrictions.
NRS 116.2117 Amendment of
declaration.
NRS 116.21175 Procedure for seeking confirmation from
district court of certain amendments to declaration.
NRS 116.2118 Termination of
common‑interest community.
NRS 116.21183 Rights of
creditors following termination.
NRS 116.21185 Respective
interests of units’ owners following termination.
NRS 116.21188 Effect of
foreclosure or enforcement of lien or encumbrance.
NRS 116.2119 Rights of
secured lenders.
NRS 116.212 Master
associations.
NRS 116.21205 Reallocation of costs of administering
common elements of certain master associations.
NRS 116.2121 Merger or
consolidation of common‑interest communities.
NRS 116.2122 Addition of
unspecified real estate.
ARTICLE 3
MANAGEMENT OF THE COMMON‑INTEREST COMMUNITY
GENERAL PROVISIONS
NRS 116.3101 Organization of
unit‑owners’ association.
NRS 116.3102 Powers of
unit‑owners’ association.
NRS 116.3103 Power of executive board to act on
behalf of association; members and officers are fiduciaries; duty of care;
application of business‑judgment rule; limitations on power.
NRS 116.310305 Power of executive board to impose
construction penalties for failure of unit’s owner to adhere to certain
schedules relating to design, construction, occupancy or use of unit or
improvement.
NRS 116.31031 Power of executive board to impose fines
and other sanctions for violations of governing documents; procedural
requirements; continuing violations; collection of past due fines.
NRS 116.310315 Accounting for fines in books and records
of association; prohibition against applying payment for assessment, fee or
other charge toward payment of fine; exceptions.
NRS 116.31032 Period of declarant’s control of
association; representation of units’ owners on executive board.
NRS 116.31034 Election of members of executive board
and officers of association; term of office of member of executive board;
staggered terms; eligibility to serve on executive board; required
disclosures; procedure for conducting elections; certification by member of
executive board of understanding of governing documents and provisions of
chapter.
NRS 116.31036 Removal of member of executive board;
indemnification and defense of member of executive board.
NRS 116.31038 Delivery to
association of property held or controlled by declarant.
NRS 116.31039 Delivery to association of additional
common elements constructed by declarant or successor declarant.
NRS 116.310395 Delivery to
association of converted building reserve deficit.
NRS 116.3104 Transfer of
special declarant’s right.
NRS 116.31043 Liabilities and obligations of person
who succeeds to special declarant’s rights.
NRS 116.31046 Successor not subject to certain claims
against or other obligations of transferor of special declarant’s right.
NRS 116.3105 Termination of
contracts and leases of declarant.
NRS 116.3106 Bylaws.
NRS 116.31065 Rules.
NRS 116.3107 Upkeep of
common‑interest community.
MEETINGS AND VOTING
NRS 116.31075 Meetings of rural agricultural
residential common‑interest communities: Compliance with Open Meeting Law.
NRS 116.3108 Meetings of units’ owners of
association; frequency of meetings; calling special meetings or removal
elections; requirements concerning notice and agendas; dissemination of
schedule of fines; requirements concerning minutes of meetings; right of
units’ owners to make audio recordings of meetings.
NRS 116.31083 Meetings of executive board; frequency
of meetings; requirements concerning notice and agendas; periodic review of
certain financial and legal matters at meetings; requirements concerning
minutes of meetings; right of units’ owners to make audio recordings of
certain meetings.
NRS 116.31085 Right of units’ owners to speak at
certain meetings; limitations on right; limitations on power of executive
board to meet in executive session; procedure governing hearings on alleged
violations; requirements concerning minutes of certain meetings.
NRS 116.31087 Right of units’ owners to have certain
complaints placed on agenda of meeting of executive board.
NRS 116.31088 Meetings regarding civil actions;
requirements for commencing or ratifying certain civil actions; right of
units’ owners to request dismissal of certain civil actions; disclosure of
terms and conditions of settlements.
NRS 116.3109 Quorum.
NRS 116.311 Voting by units’ owners; use of
proxies; voting by lessees of leased units; association prohibited from
voting as owner of unit.
NRS 116.31105 Voting by delegates or representatives;
procedure for electing delegates or representatives.
LIABILITIES, INSURANCE AND FISCAL AFFAIRS
NRS 116.3111 Tort and
contract liability.
NRS 116.3112 Conveyance or
encumbrance of common elements.
NRS 116.3113 Insurance:
General requirements.
NRS 116.31133 Insurance: Policies; use of proceeds;
certificates or memoranda of insurance.
NRS 116.31135 Insurance: Repair or replacement of
damaged or destroyed portion of community.
NRS 116.31138 Insurance: Variance or waiver of
provisions in community restricted to nonresidential use.
NRS 116.3114 Surplus funds.
NRS 116.31142 Preparation and
presentation of financial statements.
NRS 116.31144 Audit and review
of financial statements.
NRS 116.3115 Assessments for common expenses;
funding of adequate reserves; collection of interest on past due
assessments; calculation of assessments for particular types of common
expenses; notice of meetings regarding assessments for capital improvements.
NRS 116.31151 Annual distribution to units’ owners of
operating and reserve budgets or summaries of such budgets; ratification of
budget.
NRS 116.31152 Study of reserves; duties of executive
board regarding study; person who conducts study required to hold permit;
contents of study; submission of summary of study to Division; use of money
credited against residential construction tax for upkeep of park facilities
and related improvements identified in study.
NRS 116.31153 Signatures required for withdrawals from
reserve account of association.
NRS 116.31155 Fees imposed on associations or master
associations to pay for costs of administering Office of Ombudsman and
Commission; administrative penalties for failure to pay; interest on unpaid
fees; limitations on amount of fees and penalties.
NRS 116.31158 Registration of associations with
Ombudsman; contents of form for registration.
LIENS
NRS 116.3116 Liens against
units for assessments.
NRS 116.31162 Foreclosure of liens: Mailing of notice
of delinquent assessment; recording of notice of default and election to
sell; period during which unit’s owner may pay lien to avoid foreclosure;
limitations on type of lien that may be foreclosed.
NRS 116.31163 Foreclosure of liens: Mailing of notice
of default and election to sell to certain interested persons.
NRS 116.311635 Foreclosure of liens: Providing notice of
time and place of sale; service of notice of sale; contents of notice of
sale; proof of service.
NRS 116.31164 Foreclosure of liens: Procedure for
conducting sale; purchase of unit by association; execution and delivery of
deed; use of proceeds of sale.
NRS 116.31166 Foreclosure of liens: Effect of recitals
in deed; purchaser not responsible for proper application of purchase money;
title vested in purchaser without equity or right of redemption.
NRS 116.31168 Foreclosure of liens: Requests by
interested persons for notice of default and election to sell; right of
association to waive default and withdraw notice or proceeding to foreclose.
NRS 116.3117 Liens against
association.
BOOKS, RECORDS AND OTHER DOCUMENTS
NRS 116.31175 Maintenance and availability of books,
records and other papers of association: General requirements; exceptions;
general records concerning certain violations; enforcement by Ombudsman;
limitations on amount that may be charged to conduct review.
NRS 116.31177 Maintenance and availability of certain
financial records of association; provision of copies to units’ owners and
Ombudsman.
NRS 116.3118 Maintenance and availability of certain
financial records necessary to provide information required for resale of
units; right of units’ owners to inspect, examine, photocopy and audit
records of association.
MISCELLANEOUS RIGHTS, DUTIES AND RESTRICTIONS
NRS 116.31183 Retaliatory
action prohibited.
NRS 116.31185 Prohibition against certain personnel
soliciting or accepting compensation, gratuity or remuneration under certain
circumstances.
NRS 116.31187 Prohibition against certain personnel
contracting with association or accepting commission, personal profit or
compensation from association; exceptions.
NRS 116.3119 Association as
trustee.
NRS 116.320 Right of units’ owners to display flag
of the United States in certain areas; conditions and limitations on
exercise of right.
NRS 116.325 Right of units’ owners to exhibit
political signs in certain areas; conditions and limitations on exercise of
right.
NRS 116.330 Right of units’ owners to install or
maintain drought tolerant landscaping; conditions and limitations on
exercise of right; installation of drought tolerant landscaping within
common elements.
NRS 116.335 Association prohibited from requiring
unit’s owner to obtain approval to rent or lease unit; exceptions.
NRS 116.340 Transient commercial use of units
within certain planned communities.
NRS 116.345 Association of planned community
prohibited from taking certain actions regarding property, buildings and
structures within planned community; validity of existing restrictions.
NRS 116.350 Limitations regarding regulation of
certain roads, streets, alleys or other thoroughfares; permissible
regulation of parking or storage of certain vehicles.
ARTICLE 4
PROTECTION OF PURCHASERS
NRS 116.4101 Applicability;
exceptions.
NRS 116.4102 Liability for
preparation and delivery of public offering statement.
NRS 116.4103 Public offering
statement: General provisions.
NRS 116.41035 Public offering
statement: Limitations for certain small offerings.
NRS 116.4104 Public offering statement:
Common‑interest communities subject to developmental rights.
NRS 116.4105 Public offering
statement: Time shares.
NRS 116.4106 Public offering statement:
Common‑interest community containing converted building.
NRS 116.4107 Public offering statement:
Common‑interest community registered with Securities and Exchange Commission
or State of Nevada.
NRS 116.4108 Purchaser’s
right to cancel.
NRS 116.4109 Resales of
units.
NRS 116.41095 Required form of
information statement.
NRS 116.411 Escrow of
deposits; furnishing of bond in lieu of deposit.
NRS 116.4111 Release of
liens.
NRS 116.4112 Converted
buildings.
NRS 116.4113 Express
warranties of quality.
NRS 116.4114 Implied
warranties of quality.
NRS 116.4115 Exclusion or
modification of warranties of quality.
NRS 116.4116 Statute of
limitations for warranties.
NRS 116.4117 Effect of violations on rights of
action; civil action for damages for failure or refusal to comply with
provisions of chapter or governing documents; attorney’s fees.
NRS 116.4118 Labeling of
promotional material.
NRS 116.4119 Declarant’s
obligation to complete and restore.
NRS 116.412 Substantial
completion of units.
ADMINISTRATION AND ENFORCEMENT OF CHAPTER
GENERAL PROVISIONS
NRS 116.600 Commission for Common‑Interest
Communities: Creation; appointment and qualifications of members; terms of
office; compensation.
NRS 116.605 Commission for Common‑Interest
Communities: Courses of instruction for members.
NRS 116.610 Commission for Common‑Interest
Communities: Election of officers; meetings; quorum.
NRS 116.615 Administration of chapter; regulations
of Commission and Real Estate Administrator; delegation of authority;
publications.
NRS 116.620 Employment of personnel by Real Estate
Division; duties of Attorney General; legal opinions by Attorney General.
NRS 116.625 Ombudsman for Owners in
Common‑Interest Communities: Creation of office; appointment;
qualifications; powers and duties.
NRS 116.630 Account for Common‑Interest
Communities: Creation; administration; sources; uses.
NRS 116.635 Immunity.
NRS 116.640 Service of
notice and other information upon Commission.
NRS 116.645 Authority for Real Estate Division to
conduct business electronically; regulations; fees; use of unsworn
declaration; exclusions.
GENERAL POWERS AND DUTIES OF COMMISSION
NRS 116.660 Issuance and
enforcement of subpoenas.
NRS 116.662 Witnesses:
Payment of fees and mileage.
NRS 116.665 Conducting hearings and other
proceedings; collection of information; development and promotion of
educational guidelines; accreditation of programs of education and research.
NRS 116.670 Establishment of standards for
subsidizing arbitration, mediation and educational programs; acceptance of
gifts, grants and donations; agreements and cooperation with other entities.
NRS 116.675 Appointment of hearing panels;
delegation of powers and duties; appeals to Commission.
NRS 116.680 Use of audio
or video teleconference for hearings.
INVESTIGATION OF VIOLATIONS; REMEDIAL AND DISCIPLINARY ACTION
NRS 116.745 “Violation”
defined.
NRS 116.750 Jurisdiction of Real Estate Division,
Ombudsman, Commission and hearing panels.
NRS 116.755 Rights, remedies and penalties are
cumulative and not exclusive; limitations on power of Commission and hearing
panels regarding internal activities of association.
NRS 116.757 Confidentiality of records: Certain
records relating to complaint or investigation deemed confidential; certain
records relating to disciplinary action deemed public records.
NRS 116.760 Right of person aggrieved by alleged
violation to file affidavit with Real Estate Division; procedure for filing
affidavit; administrative fine for filing false or fraudulent affidavit.
NRS 116.765 Referral of affidavit to Ombudsman for
assistance in resolving alleged violation; report by Ombudsman;
investigation by Real Estate Division; determination of whether to file
complaint with Commission.
NRS 116.770 Procedure for hearing complaints: Time
for holding hearing; continuances; notices; evidence; answers; defaults.
NRS 116.775 Representation
by attorney.
NRS 116.780 Decisions on
complaints.
NRS 116.785 Remedial and disciplinary action:
Orders to cease and desist and to correct violations; administrative fines;
removal from office or position; payment of costs; exemptions from
liability.
NRS 116.790 Remedial and disciplinary action:
Audit of association; requiring association to hire community manager who
holds certificate; appointment of receiver.
NRS 116.795 Injunctions.
_________
ARTICLE 1
GENERAL PROVISIONS
Part I
Definitions and Other General Provisions
NRS 116.001 Short title.
This chapter may be cited as the Uniform Common‑Interest Ownership Act.
(Added to NRS by 1991,
535)—(Substituted in revision for NRS 116.1101)
NRS 116.003 Definitions.
As used in this chapter and in the declaration and bylaws of an association,
unless the context otherwise requires, the words and terms defined in NRS
116.005 to 116.095, inclusive, have the meanings ascribed to them in those
sections.
(Added to NRS by 1991, 535; A
2003, 1302, 2221; 2005, 2586)
NRS 116.005 “Administrator”
defined. “Administrator” means the Real Estate Administrator.
(Added to NRS by 1999, 2993; A
2003, 1302, 2221)—(Substituted in revision for NRS 116.110305)
NRS
116.007 “Affiliate of a declarant” defined.
1. “Affiliate of a declarant”
means any person who controls, is controlled by or is under common control
with a declarant.
2. A person “controls” a
declarant if the person:
(a) Is a general partner, officer,
director or employer of the declarant;
(b) Directly or indirectly or
acting in concert with one or more other persons, or through one or more
subsidiaries, owns, controls, holds with power to vote or holds proxies
representing, more than 20 percent of the voting interest in the declarant;
(c) Controls in any manner the
election of a majority of the directors of the declarant; or
(d) Has contributed more than 20
percent of the capital of the declarant.
3. A person “is controlled by” a
declarant if the declarant:
(a) Is a general partner, officer,
director or employer of the person;
(b) Directly or indirectly or
acting in concert with one or more other persons, or through one or more
subsidiaries, owns, controls, holds with power to vote or holds proxies
representing, more than 20 percent of the voting interest in the person;
(c) Controls in any manner the
election of a majority of the directors of the person; or
(d) Has contributed more than 20
percent of the capital of the person.
4. Control does not exist if the
powers described in this section are held solely as security for an
obligation and are not exercised.
(Added to NRS by 1991,
535)—(Substituted in revision for NRS 116.11031)
NRS 116.009 “Allocated
interests” defined. “Allocated interests” means the following interests
allocated to each unit:
1. In a condominium, the
undivided interest in the common elements, the liability for common
expenses, and votes in the association;
2. In a cooperative, the
liability for common expenses and the ownership and votes in the
association; and
3. In a planned community, the
liability for common expenses and votes in the association.
(Added to NRS by 1991,
536)—(Substituted in revision for NRS 116.110313)
NRS 116.011 “Association” and
“unit‑owners’ association” defined. “Association” or “unit‑owners’
association” means the unit‑owners’ association organized under NRS
116.3101.
(Added to NRS by 1991,
536)—(Substituted in revision for NRS 116.110315)
NRS 116.013 “Certificate”
defined. [Effective January 1, 2008.] “Certificate” means a
certificate for the management of a common‑interest community
or the management of an
association of a condominium hotel
issued by the Division pursuant to chapter 116A
of NRS.
(Added to NRS by 2003, 2208; A
2005, 2587; 2007, 2268, effective January 1, 2008.)
NRS 116.015 “Commission”
defined. [Effective January 1, 2008.] “Commission” means the
Commission for Common‑Interest Communities
and Condominium Hotels
created by NRS 116.600.
(Added to NRS by 2003, 2208;
A 2007, 2268, effective January 1, 2008.)
NRS
116.017 “Common elements” defined. “Common elements” means:
1. In a condominium or
cooperative, all portions of the common‑interest community other than the
units, including easements in favor of units or the common elements over
other units; and
2. In a planned community, any
real estate within the planned community owned or leased by the association,
other than a unit.
(Added to NRS by 1991, 536; A
1993, 2356)—(Substituted in revision for NRS 116.110318)
NRS
116.019 “Common expenses” defined. “Common expenses” means
expenditures made by, or financial liabilities of, the association, together
with any allocations to reserves.
(Added to NRS by 1991,
536)—(Substituted in revision for NRS 116.11032)
NRS 116.021 “Common‑interest
community” defined. “Common‑interest community” means real estate with
respect to which a person, by virtue of his ownership of a unit, is
obligated to pay for real estate other than that unit. “Ownership of a unit”
does not include holding a leasehold interest of less than 20 years in a
unit, including options to renew.
(Added to NRS by 1991,
536)—(Substituted in revision for NRS 116.110323)
NRS 116.023 “Community
manager” defined. [Effective January 1, 2008.] “Community
manager” means a person who provides for or otherwise engages in the
management of a common‑interest community
or the management of an
association of a condominium hotel.
(Added to NRS by 2003, 2208;
A 2007, 2268, effective January 1, 2008)
NRS 116.025 “Complaint”
defined. “Complaint” means a complaint filed by the Administrator
pursuant to NRS 116.765.
(Added to NRS by 2003, 2208)
NRS 116.027 “Condominium”
defined. “Condominium” means a common‑interest community in which
portions of the real estate are designated for separate ownership and the
remainder of the real estate is designated for common ownership solely by
the owners of those portions. A common‑interest community is not a
condominium unless the undivided interests in the common elements are vested
in the units’ owners.
(Added to NRS by 1991,
536)—(Substituted in revision for NRS 116.110325)
NRS 116.029 “Converted
building” defined. “Converted building” means a building that at any
time before creation of the common‑interest community was occupied wholly or
partially by persons other than purchasers and persons who occupy with the
consent of purchasers.
(Added to NRS by 1991,
536)—(Substituted in revision for NRS 116.110328)
NRS 116.031 “Cooperative”
defined. “Cooperative” means a common‑interest community in which the
real estate is owned by an association, each of whose members is entitled by
virtue of his ownership in the association to exclusive possession of a
unit.
(Added to NRS by 1991,
536)—(Substituted in revision for NRS 116.11033)
NRS 116.033 “Dealer” defined.
“Dealer” means a person in the business of selling units for his own
account.
(Added to NRS by 1991,
537)—(Substituted in revision for NRS 116.110333)
NRS 116.035 “Declarant”
defined. “Declarant” means any person or group of persons acting in
concert who:
1. As part of a common
promotional plan, offers to dispose of his or its interest in a unit not
previously disposed of; or
2. Reserves or succeeds to any
special declarant’s right.
(Added to NRS by 1991,
537)—(Substituted in revision for NRS 116.110335)
NRS 116.037 “Declaration”
defined. “Declaration” means any instruments, however denominated, that
create a common‑interest community, including any amendments to those
instruments.
(Added to NRS by 1991,
537)—(Substituted in revision for NRS 116.110338)
NRS 116.039 “Developmental rights” defined. “Developmental rights”
means any right or combination of rights reserved by a declarant in the
declaration to:
1.
Add real estate to a common‑interest community;
2.
Create units, common elements or limited common elements within a
common‑interest community;
3.
Subdivide units or convert units into common elements; or
4.
Withdraw real estate from a common‑interest community.
(Added to NRS by 1991, 537)—(Substituted in revision for NRS 116.11034)
NRS 116.041 “Dispose” and “disposition” defined. “Dispose” or
“disposition” means a voluntary transfer to a purchaser of any legal or
equitable interest in a unit, but the term does not include the transfer or
release of a security interest.
(Added to NRS by 1991, 537)—(Substituted in revision for NRS 116.110343)
NRS 116.043 “Division” defined. “Division” means the Real Estate
Division of the Department of Business and Industry.
(Added to NRS by 2003, 1301, 2208)
NRS 116.045 “Executive board” defined. “Executive board” means the
body, regardless of name, designated in the declaration to act on behalf of
the association.
(Added to NRS by 1991, 537)—(Substituted in revision for NRS 116.110345)
NRS 116.047 “Financial statement” defined. “Financial statement” means
a financial statement of an association that is prepared and presented in
accordance with the requirements established by the Commission pursuant to
NRS 116.31142.
(Added to NRS by 1997, 3110; A 2005, 2587)
NRS 116.049 “Governing documents” defined.
“Governing documents” means:
1.
The declaration for the common‑interest community;
2. The articles of incorporation, articles of association, articles
of organization, certificate of registration, certificate of limited
partnership, certificate of trust or other documents that are used to
organize the association for the common‑interest community;
3.
The bylaws and rules of the association; and
4.
Any other documents that govern the operation of the common‑interest
community or the association.
(Added to NRS by 1997, 3111; A 2005, 2587)
NRS 116.051 “Hearing panel” defined. “Hearing panel” means a hearing
panel appointed by the Commission pursuant to NRS 116.675.
(Added to NRS by 2003, 2208)
NRS 116.053 “Identifying number” defined. “Identifying number” means a
symbol, address or legally sufficient description of real estate which
identifies only one unit in a common‑interest community.
(Added to NRS by 1991, 537; A 1993, 2356)—(Substituted in revision for NRS
116.110348)
NRS 116.055 “Leasehold common‑interest community” defined. “Leasehold
common‑interest community” means a common‑interest community in which all or
a portion of the real estate is subject to a lease the expiration or
termination of which will terminate the common‑interest community or reduce
its size.
(Added to NRS by 1991, 537)—(Substituted in revision for NRS 116.11035)
NRS 116.057 “Liability for common expenses” defined. “Liability for
common expenses” means the liability for common exp
