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2010 Nevada Code
TITLE 10 PROPERTY RIGHTS AND TRANSACTIONS
Chapter 116 Common-Interest Ownership (Uniform Act)
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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 116.064 "Nonresidential condominium" 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 116.11045 Provisions of chapter do not invalidate or modify tariffs, rules and standards of public utility; consistency of governing documents.
- 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. [Effective through September 30, 2011.]
- NRS 116.1201 Applicability; regulations. [Effective October 1, 2011.]
- 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.
- NRS 116.12075 Applicability to nonresidential condominiums.
- NRS 116.1209 Other exempt real estate arrangements; other exempt covenants. 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.
- 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 COMMON-INTEREST COMMUNITIES General Provisions
- NRS 116.3101 Organization of unit-owners' association.
- NRS 116.3102 Powers of unit-owners' association; limitations.
- 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; limitations; procedural requirements; continuing violations; collection of past due fines; statement of balance owed.
- NRS 116.310312 Power of executive board to enter grounds of unit to conduct certain maintenance or remove or abate public nuisance; notice of security interest and hearing required; imposition of fines and costs; lien against unit; limitation on liability.
- NRS 116.310313 Collection of past due obligation; charge of reasonable fee to collect.
- 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. [Effective through September 30, 2011.]
- NRS 116.310315 Accounting for fines imposed by association. [Effective October 1, 2011.]
- 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.
- NRS 116.31073 Maintenance, repair, restoration and replacement of security walls. 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 116.31084 Voting by member of executive board; disclosures; abstention from voting on certain matters.
- 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 116.31086 Solicitation of bids for association project; bids to be opened at meeting of executive board.
- 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. [Effective through September 30, 2011.]
- NRS 116.31105 Voting by delegates or representatives; limitations; procedure for electing delegates or representatives. [Effective October 1, 2011.]
- NRS 116.31107 Voting by units' owners: Prohibited acts; penalty. 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 116.311395 Funds of association to be deposited or invested at certain financial institutions.
- 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 and policy for collection of fees, fines, assessments or costs; ratification of budget.
- NRS 116.31152 Study of reserves; duties of executive board regarding study; qualifications of person who conducts study; 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 of certain association funds; exceptions.
- 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; procedure to recover fees, penalties or interest imposed in error.
- 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; separate action by unit's owner.
- 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 116.31189 Bribery of community manager or member of executive board; penalties; 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 and Condominium Hotels: Creation; appointment and qualifications of members; terms of office; compensation.
- NRS 116.605 Commission for Common-Interest Communities and Condominium Hotels: Courses of instruction for members.
- NRS 116.610 Commission for Common-Interest Communities and Condominium Hotels: 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 116.623 Petitions for declaratory orders or advisory opinions: Regulations; scope; contents of petition; filing; period for response.
- NRS 116.625 Ombudsman for Owners in Common-Interest Communities and Condominium Hotels: Creation of office; appointment; qualifications; powers and duties.
- NRS 116.630 Account for Common-Interest Communities and Condominium Hotels: Creation; administration; sources; uses.
- NRS 116.635 Immunity.
- NRS 116.640 Service of notice and other information upon Commission.
- NRS 116.643 Authority for Commission or Real Estate Administrator to adopt regulations requiring additional disclosures for sale of unit.
- 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.
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