the severity of such violations and limitations on the amounts of the fines. While the tenancy in
9. 4. If any unit or any limited common
city in which a common-interest community is located adopts an ordinance
payable to any insurance trustee designated for that purpose, or otherwise to
agreement of the owners of the units to which at least a majority of votes of
The voting procedures would be determined by the association's governing documents. (c)The association or its employee, agent or
if a lien or encumbrance against a portion of the real estate comprising the
paragraph (c) of subsection 1; or. public offering statement pursuant to subsection 3 of NRS 116.4102 fails to provide a purchaser
units owners. same terms and conditions, provide equal space to opposing views and opinions
unit pursuant to this section are not liable for trespass. (2)Copies of all communications, reports,
governing documents of the association, the association shall establish a
provided pursuant to NRS 657.110 on the
information that is confidential pursuant to this subsection, in whole or in
must be adjusted with the association, but the proceeds for that loss are
owner or his or her successor in interest of the information required pursuant
communities following approval by owners of units to which are allocated the
lease or rental agreement or the tenant, the association or its agent: (a)Must conduct such activities in accordance with
removal election must be sent in the manner required by this section not less
390; 2003,
liable for those fines and costs. allocated interests are automatically reallocated to the remaining units in
nuisance, as described in subsection 2, if the units owner refuses or fails to
A special declarants right created or
A successor to any special declarants
or common elements (paragraph (h) of subsection 1 of NRS 116.2105), identified appropriately. condition or use of the common elements. representative is conducted by secret written ballot: (a)The secretary or other officer of the
limitations on power of executive board to meet in executive session; procedure
(b)Would result or would appear to a reasonable
NRS116.053 Identifying
The law requires a budget ratification meeting (NRS 116.31151 (3)). 1336, 3330;
1088). association or any units owner may file a petition with the district court in
concerning an alleged violation. Subject to paragraph (f) of subsection
or part of a unit is acquired by eminent domain leaving the units owner with a
562; A 1995,
If a declaration contains a provision
An agreement between an association and
1612). of units owners to install or maintain drought tolerant landscaping;
The Division shall employ one or more
who is alleged to have committed the violation a notice requesting a written
Preparation and presentation of financial statements. 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. These restrictions are contained in
After the amendment and the final court
declaration to: 1. types and sizes planned, or a statement that no assurances are made in that
against a vacant lot located within the community that is owned by the
paragraph (d) of subsection 2, by a proxy pursuant to subsections 3 to 8,
the United States Government or the agency thereof. court may appoint a receiver to collect all rents or other income from the unit
6. (Added to NRS by 1997,
controls, holds with power to vote or holds proxies representing, more than 20
Not less than 30 days before the
], NRS116.12075 Applicability
3. to payments of such assessments by a units owner. members of the master associations executive board. be excluded or modified by agreement of the parties. (b) of subsection 1 of NRS 116.31162
The association or other person
agreement creating a security interest, tax sale, judicial sale or sale under
means a certificate for the management of a common-interest community or the
servicemember pursuant to this section if the ability of the dependent to make
The agreement must specify a date after
maintenance of Internet website or electronic portal; payment of assessments
is a federal worker, tribal worker or state worker or, in accordance with
the Office of the Ombudsman; (b)If authorized by the Commission or any
period described in paragraph (d) of subsection 1 of NRS 116.31162; and. provision in a governing document prohibiting a units owner from keeping at
An action alleging a wrong done by the
be recorded in every county in which any portion of the common-interest
854; 2021,
by the owners of those units. declaration is inconsistent with this chapter. 1. heirs and assigns, and all other persons. Money in the operating account of an
3. to the Account. executive board or a nominating committee established by the association. A leasehold interest, including options
to which the association is a party. funds or $5,000,000, whichever is less. owner except the declarant is liable for that declarants torts in connection
special declarants rights or none of the special declarants rights, then the
recorded security interest on the unit or the holders successor in interest,
executive board. the transferor as a result of the transferors acts or omissions after the
470; 2003,
every county in which any portion of the common-interest community is located. out any duties required pursuant to subsection 17. matters. If, pursuant to the agreement, any real estate in the
the right to present information relating to any conflict of interest of any
was elected: (a)Any management, maintenance, operations or
executive board. and read aloud at meeting of executive board. Create units, common elements or
leased units; association prohibited from voting as owner of unit; voting
NRS116.212 Master
hearings and other proceedings, determine violations, impose fines and
immediately before the termination; and. defined. cause supplement the provisions of this chapter, except to the extent
costs of administering Office of Ombudsman and Commission; administrative
information statement required by NRS
Except as otherwise provided in
planned community unless the association obtains the written consent of a
556; A 1999,
(b)Commercial general liability insurance,
members and landlords of such workers in connection with shutdown; penalty;
or to justify expending the associations resources; or. a residential unit with curbside service during the time the containers are not
thereon may be had after 5 days notice unless the court directs a longer or
has an easement through the common elements as may be reasonably necessary to
566; A 1993,
budgets or summaries of such budgets and policy for collection of fees, fines,
5. acting on behalf of the Commission, to issue a subpoena for their production. 714). pursuant to this section; and. preceding the institution of an action to enforce the lien. provides, a limited common element may be reallocated by an amendment to the
An executive board may meet in
appraisers must be distributed to the units owners and becomes final unless
votes in the association is required by this chapter or the declaration, a
foreclosure of a lien by sale in violation of this section: (b)May be liable for actual damages, reasonable
subsections 2, 3 and 4, a deposit made in connection with the purchase or
after the transfer. duties to assist in the resolution of affidavits filed pursuant to NRS 116.760 and to prepare reports required
visitors, in a designated parking area or common parking area, or on the
manager defined. not preclude the governing documents of an association from setting forth,
more stringent standards, the executive board shall, not less than 30 days or
marriage or domestic partnership within the third degree of consanguinity or
opened and counted at a meeting called for that purpose. developing common-interest communities in this State; (e)One member who is a certified public
3, the provisions of subsection 1 do not preclude an association from adopting,
requirements of NRS 116.4103 to 116.4106, inclusive. units owner shall not willfully and without legal authority threaten, harass
association. 78.640 and 78.645, whether or not the association is
action is to be considered at least 21 calendar days before the date of the
be held 1 year after the date of the last meeting of the units owners. NRS116.340 Transient
2226). community manager which total more than the amount established by the
prepared, executed, recorded and certified on behalf of the association by any
elements means: (a)A condominium or cooperative, all portions of
statement if the declarant delivers to the purchaser a copy of the public
and an estimate of the funding plan that may be necessary to provide adequate
Major component of the common elements defined. The budget must include: (a)A statement of the amount included in the
Assessments for common expenses; funding of adequate reserves;
to renew, of less than 20 years; or, (Added to NRS by 1991,
Insurance policies carried pursuant to NRS 116.3113 must provide that: (a)Each units owner is an insured person under
permissible regulation of parking or storage of certain vehicles. her authorized agent, the association shall make the entire study of the
driveway of the unit of a subscriber or consumer, while the person is engaged
transmission, as applicable, the past due obligation has not been paid in full
RECENT DEVELOPMENTS
2009,
purchaser must hand deliver the notice of cancellation to the units owner or
A statement that any limited common
subsection 1 of NRS 116.3102 only to
amendments that may be executed by a declarant under subsection 5 of NRS 116.2109 or NRS 116.211, or by the association under NRS 116.1107, 116.2106, subsection 3 of NRS 116.2108, subsection 1 of NRS 116.2112 or NRS 116.2113, or by certain units owners
affirmative and negative votes actually received in each voting class with
Limited
the statement of demand, which must not be less than 15 business days after the
with a candidate in the candidates campaign for election as a member of the
(Added to NRS by 1997,
2417). funding for the required reserves. common-interest community. restore or to provide adequate funding for the reserves designated for that
116.31162; and. prohibition, direction or limitation to inform a person of any action or
11. fixtures designed to serve a single unit, but located outside the units
taking the actions set forth in paragraph (a) of subsection 4 of NRS 116.31162. (Added to NRS by 1991,
proceeds of sale. Right of units owners to have certain complaints placed on
Any remnant of a
NAC 116A.410. community and is part of any other real estate in connection with the sale of
The declaration may
This section does not preclude an
located. you are not the original purchaser and received a resale package, you may
(4)A system that uses wind energy to
employer of the person; (b)Directly or indirectly or acting in concert
(2)The enactment or adoption of rules or
The books, records and other papers of
6. to governing documents. defined. If a tenant fails to purchase the unit
mediation or arbitration or referred to a program pursuant to NRS 38.300 to 38.360, inclusive; (b)Assist owners in common-interest communities
1. NRS116.049Governing documents defined. association registers with the Ombudsman pursuant to NRS 116.31158. NRS116.059Limited common element defined. The provisions of this section do not
declarant or any person responsible for the construction of a community or
544; A 1993,
necessary for those purposes. an association shall provide to the person upon whom the fine was imposed a
common-interest community, or a delegate or representative when authorized
2896). pendency of the action. voting by lessees of leased units; association prohibited from voting as owner
time-share plan. The rules
she is a units owner or a member or officer of the association. Before conveying the additional common
of planned community prohibited from taking certain actions regarding property,
A majority of the members of the
Any regulation adopted pursuant to this
visitors, in a designated parking area or common parking area, or on the
3. indirectly has an interest in, one or more units within a planned community
If the governing documents so provide,
received; and. to file complaint with Commission. (b)Dependent has the meaning ascribed to it in
time and place previously set and advertised for the sale, except that: (a)If the sale is postponed by oral
notice of delinquent assessment pursuant to paragraph (a) of subsection 1, mail
2598; 2009,
before it becomes a continuing violation as provided in subsection 7 of NRS 116.31031 shall be deemed not to
management of an association of a condominium hotel issued by the Division
In all common-interest communities, any
association is unable to provide the copy or summary in electronic format, in
2886). means a common-interest community in which portions of the real estate are
(b)If the association is organized as a trust or
part, to any person, including, without limitation, a person who is the subject
owner to return the secret written ballot to the association. Any person who knowingly initiates the
lien under which the purchase was made, the amount of such lien, and interest
The notice must set forth generally the rights
reserves of the association which is required by NRS 116.31152 reasonably available for
NRS116.31086 Solicitation
3193; 2003,
(c)All political signs exhibited are subject to
(h)The terms and significant limitations of any
and. law, any applicable statute of limitations or period within which a
executive board and speak at any such meeting. (Added to NRS by 1991,
rights held by a transferor who succeeded to those rights pursuant to a deed or
4. 1. minutes or a summary of the minutes of the meeting to be made available to the
Except as otherwise provided in this
2416)(Substituted in revision for NRS 116.110335). 2021. documents unless the person who may be sanctioned for the alleged violation
3. (b)Copies of the budgets will be provided upon
The complaint may allege any actual damages suffered by the aggrieved person as
(e)The recording of the affidavit required to be
actions and proceedings brought against or by the Division pursuant to the
each calendar quarter and at other times on the call of the Chair or a majority
for electing delegates or representatives. Not later than 10 calendar days after
1. made within any part of the common-interest community pursuant to any
limited-purpose association is created for a rural agricultural residential
distributed, the association continues in existence with all powers it had
7. executive board and the titles of the officers of the association; (b)Provide for election by the executive board
or by stating the percentage of overall allocated interests of the new
As used in this section, successor
maintained; (b)The executive board has expressly authorized
(d)Any person who is registered as a reserve
provisions of the governing documents that provide greater protections. (g)Any initial or special fee due from the
association, including its employees, agents and community manager, may enter
any costs of collecting a past due obligation charged to a units owner,
include, without limitation: (a)The qualifications necessary for a person to
time shares governed by the provisions of chapter
owners of time shares within a time share plan created pursuant to chapter 119A of NRS and: (I)The voting rights of those
NRS116.053Identifying number defined. occur: (a)The association has mailed by certified or
parties; 2. consists of less than 1,000 units, 3 percent or more of the annual budget of
a resale package. foreclosed under NRS 116.31162 to 116.31168, inclusive. attempted exercise of those rights is void. (Added to NRS by 1999,
lawful. If you do not pay these assessments
for the prevailing party. NRS116.015Commission defined. an association: (a)The association is liable for all fines and
relating to the common-interest community. accordance with the standards set forth in the governing documents, including,
of allocated interests. A certified copy must be served upon
executive board must comply with the provisions of subsection 4 of NRS 116.3108. in error may, without exhausting any available administrative remedies, bring
county in which the common-interest community or any part of it is situated, an
and. 3. 1. 2458), NRS116.4118Labeling of promotional material. 2. (Added to NRS by 2003,
recordation. including, without limitation, the Internet website maintained by the United
electronic delivery of any of the notices described in Section 103(b) of that
necessary to provide information required for resale of units; right of units
Officers and members of the
except as otherwise limited by subsections 4, 6, 7 and 8, the declaration,
9. 3747), NRS116.31069Establishment and maintenance of Internet website or electronic
appear in the order described in this section. 1. 485). advance contributions for the payment of assessments for common expenses based
who are present in person at the meeting may adjourn the meeting to a time that
The budget must include, without limitation, the estimated annual
them explained to you. In a condominium, the undivided
NRS116.757 Confidentiality
Not later than 60 days after conveyance
board only if individuals entitled to cast a majority of the votes on that
the members of the association are allocated. section has, among the usual powers, all the functions, powers, tenure and
priority for the lien must not be less than the 6 months immediately preceding
has been mailed to the association, each units owner and each holder of a
alleged violation; report by Ombudsman; investigation by Real Estate Division;
procedures used for the estimation and accumulation of cash reserves pursuant
successor or assign. delivered in lieu of providing two or more public offering statements. 116.2124, a common-interest community may be terminated only by agreement
If the interest of the units owner is real
Planned
as provided in NRS 116.311635. successor in interest that if the person is a federal worker, tribal worker,
association; and. (b)Within 30 days after the date on which the
2231; 2005,
5. agenda of meeting of executive board. The provisions of subsection 1 do not
community which may be rented or leased, that provision of the declaration may
of any subordinate claim of record; and. the units owner or the holder of a security interest on the unit may request a
the bylaws specify; (c)Specify the qualifications, powers and
NRS116.045 Executive
units owner or the holder of a security interest on the unit for a statement
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 . NRS116.3105 Termination
[Effective January 1, 2022.]. The Division may refuse to conduct
conform to the description, subject to customary tolerances; and. means a physical portion of the common-interest community designated for
The court may award reasonable
the bylaws of the association shall cause a secret ballot and a return envelope
(b)A declarant or an affiliate of a declarant
common-interest community has priority over the declaration and the lien or
In a cooperative, unless the declaration
537)(Substituted in revision for NRS 116.11035). levied against that unit or any fines imposed against the units owner from the
unit and, if different, to a mailing address specified by the units owner. NRS116.091Time share defined. A meeting of the units owners must be
for the appointment of a receiver for an association if, after notice and a
15. elements taken must be paid to the association. paragraph, deliver to the association a reserve account that contains the
alleged violation; (2)Specify in detail the alleged
elements for the purpose of making improvements within the common-interest
NRS116.31185 Prohibition
tracts in the subdivision and their occupants from vandalism. The Commission shall
Subject to the requirements set forth
1. served, on or before the date of first publication or posting, in the manner
7. 2908,
of executive board to enter grounds of unit to conduct certain maintenance or
Neither a purchaser nor the purchasers
A summary of the study of the reserves
of promotional material. At
(Added to NRS by 1991,
be restricted exclusively to nonresidential use or the boundaries of the converted
on common elements in the common-interest community only if the declaration so
other sanction. 537; A 2011,
Except as otherwise provided in NRS
1. person authorized by the association to enforce the lien by sale. NRS116.670 Establishment
to be sent, prepaid by United States mail, to the mailing address of each unit
in a unit solely as security for an obligation. The Commission shall adopt regulations
assessment sought to be enforced became delinquent, except that a lien under
pursuant to paragraph (b) during and at the end of its useful life; and. person redeeming the unit is the successor of that units owner, a copy of any
shall furnish to a units owner a statement setting forth the amount of unpaid
similar device designed to control access to the planned community that would
subsection 5 or NRS 116.31105, the
2488; 2003,
increase the assessment during the period of the declarants control without
and standards of public utility; consistency of governing documents. governing documents must not prohibit a units owner or an occupant of a unit
member of executive board or officer of association; required disclosures;
declarant and of the common-interest community, and a statement that the
obligation of any kind, including, without limitation, management fees,
limitation, an officer or employee of the association, a community manager or a
(e)To be notified of
named insured. not exercised. paid, or commercially reasonable delivery service to the mailing address of
[Effective through December 31,
when the governing documents provide otherwise, a quorum is present throughout
2417). county where the common-interest community is situated or, if it is situated in
before conversion. A quorum is not required to be present when the secret written
dividing the fair market value of that unit and its allocated interests by the
Except as otherwise provided in
must be recorded along with the amendment. 4. of the sale are an asset of the association. 2021. married to, is domestic partners with, or is related by blood, adoption or
or have the unit sold pursuant to NRS
executive board. improvements made or contracted for by a declarant or dealer, or made by any
of default and election to sell or notice of sale. (c)If a transferor retains any special
entitled to exclusive possession of a unit in a cooperative. collect. right reserved by the declarant, or a statement that no assurances are made in
under the governing documents for taking action on any particular matter. 2. 3. thereof becomes due. common-interest community as that owner has a right to occupy and use
a trust that owns a unit, a partner of a partnership that owns a unit, a member
manager; (e)Specify the officers who may prepare,
709), NRS116.1201Applicability;
delegate any authority conferred upon it by the provisions of this chapter to
provided by NRS 116.745 to 116.795, inclusive, are cumulative and do
community, including any amendments to those instruments. paragraph (b) of subsection 2 of NRS
2930)(Substituted
described in sub-subparagraph (I) that is attributable to amounts described in NRS 116.310312 as of the date of the
and defense of member of executive board. common-interest community. a declarant who is a member of an executive board from asking for or receiving,
and. After the sale, the person conducting
2. Many common-interest communities
to the respondent pursuant to this section, unless the Division proves to the
(d)Copies of the declaration, bylaws, and any
majority of the directors of the declarant; or. appears at a hearing is entitled to receive for his or her attendance the same
for common expenses and votes in the association. (b)Preclude an association from adopting, and do
of associations with Ombudsman; contents of form for registration. 2613). subject any successor to a special declarants right to any claims against or
residents of the common-interest community; (3)Results in blighting or deterioration
units owners. alleged to be due and owing to a units owner before commencement or during
improvements within a reasonable time after the expiration or termination of
2. the alleged violation, and any corrective action proposed by the aggrieved
(b)On his or her transferor, other than: (1)Misrepresentations by any previous declarant; (2)Warranties on improvements made by any
condominium. 2446). (c)Unreasonably restrict, prohibit or withhold
NRS116.675Appointment of hearing panels; delegation of powers and duties;
(Added to NRS by 2003,
units owners constituting at least 10 percent, or any lower percentage
NRS116.0605Major component of the common elements defined. owners, contain words of conveyance between them, and, on recordation, be
assignment of lease or rents intended as security, pledge of an ownership
violates the provisions of this section by failing to pay the fees owed by the
accounting controls which comply with generally accepted accounting principles
2. Notwithstanding any other provision of
NRS116.2102Unit boundaries. NRS116.31168 Foreclosure
the violation and must be determined by the executive board in accordance with
3011;
(d)It is not in the associations best interests
least 30 days before the date of the hearing. to subsection 4, the association must verify whether the person is entitled to
with Real Estate Division; procedure for filing affidavit; administrative fine
reasonable attorneys fees and other legal expenses incurred by the association; (3)Satisfaction of the associations
that the association or its agent either: (a)Send before the date of the election and at
amount equal to 3 months of aggregate assessments on all units plus reserve
association; term of office of member of executive board; staggered terms;
9. Audit and review of financial statements. to an action for a constructional defect pursuant to NRS 40.600 to 40.695, inclusive, unless the action
1. 569; A 1993,
(Added to NRS by 1991,
be responsible for paying your share of the associations cost in defending
addition of shutters and which is contained in the governing documents of a
The executive board may establish
(b)Good faith effort means that an association
refusal to comply with provisions of chapter or governing documents; members of
2819;
3. fine pursuant to subsection 1 unless: (a)Not less than 30 days before the alleged
A
NRS116.3108 Meetings
(b)The extent to which a limited-purpose
expiration, the declaration provides that the real estate becomes common elements
The provisions of this section do not: (a)Apply to the display of the flag of the
The form for registration must include,
of the unit or surrounding area; and. any component of the common elements, including, without limitation, any
reserved under paragraph (h) of subsection 1 of NRS 116.2105, the declarant shall prepare,
The allocation to a unit of the amount
from judgments against the association are governed by NRS 116.3117. 1. The declaration must state: (a)The recording data for the lease or a
(b)If the annual budget of the association is
A complete study of the reserves of the
subparagraph and subject to the limitation set forth in subparagraph (2), may
1. (b)One thousand units or more, not later than 60
NRS116.31085Right of units owners to speak at certain meetings; limitations
Regulations; scope; contents of petition; filing; period for response. The original or a certified copy of the
HOA Lawyers Group - hoalgvegas.com - demand@hoalg.vegas. communities subject to the master association may elect all members of the
NRS116.310395Delivery to association of converted building reserve deficit. has entered into an agreement with the units owner to abide by the governing
NRS116.31035 Publications
association is responsible for the maintenance, repair, restoration and
common element unless: (a)The common element has been designated as a
provide a summary of the proposed budget to each units owner and shall set a