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2010 Nevada Code
TITLE 10 PROPERTY RIGHTS AND TRANSACTIONS
Chapter 116B Condominium Hotel Act
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GENERAL PROVISIONS
Definitions and Other General Provisions
- NRS 116B.005 Short title.
- NRS 116B.010 Definitions.
- NRS 116B.015 "Administrator" defined.
- NRS 116B.020 "Affiliate of a declarant" defined.
- NRS 116B.025 "Allocated interests" defined.
- NRS 116B.030 "Association" and "unit-owners' association" defined.
- NRS 116B.035 "Commission" defined.
- NRS 116B.040 "Common elements" defined.
- NRS 116B.045 "Common expenses" defined.
- NRS 116B.050 "Community manager" defined.
- NRS 116B.055 "Complaint" defined.
- NRS 116B.060 "Condominium hotel" defined.
- NRS 116B.065 "Converted building" defined.
- NRS 116B.070 "Dealer" defined.
- NRS 116B.075 "Declarant" defined.
- NRS 116B.080 "Declaration" defined.
- NRS 116B.085 "Developmental rights" defined.
- NRS 116B.090 "Dispose" and "disposition" defined.
- NRS 116B.095 "Division" defined.
- NRS 116B.100 "Executive board" defined.
- NRS 116B.105 "Financial statement" defined.
- NRS 116B.110 "Governing documents" defined.
- NRS 116B.115 "Hearing panel" defined.
- NRS 116B.120 "Hotel unit" defined.
- NRS 116B.125 "Hotel unit owner" defined.
- NRS 116B.130 "Identifying number" defined.
- NRS 116B.135 "Leasehold condominium hotel" defined.
- NRS 116B.140 "Liability for common expenses" defined.
- NRS 116B.145 "Liability for shared expenses" defined.
- NRS 116B.150 "Limited common element" defined.
- NRS 116B.155 "Major component of the common elements" defined.
- NRS 116B.160 "Major component of the hotel unit" defined.
- NRS 116B.165 "Major component of the shared components" defined.
- NRS 116B.170 "Offering" defined.
- NRS 116B.175 "Ombudsman" defined.
- NRS 116B.180 "Party to the complaint" defined.
- NRS 116B.185 "Person" defined.
- NRS 116B.190 "Purchaser" defined.
- NRS 116B.195 "Real estate" defined.
- NRS 116B.200 "Residential unit" defined.
- NRS 116B.205 "Residential unit owner" defined.
- NRS 116B.210 "Security interest" defined.
- NRS 116B.215 "Shared components" defined.
- NRS 116B.220 "Shared expenses" defined.
- NRS 116B.225 "Special declarant's rights" defined.
- NRS 116B.230 "Time share" defined.
- NRS 116B.235 "Unit" defined.
- NRS 116B.240 "Unit's owner" defined.
- NRS 116B.245 Provisions of chapter may not be varied by agreement, waived or evaded; exceptions.
- NRS 116B.250 Applicability of local ordinances, regulations and building codes.
- NRS 116B.255 Eminent domain.
- NRS 116B.260 Supplemental general principles of law applicable.
- NRS 116B.265 Provisions of chapter prevail over conflicting provisions governing certain business entities generally.
- NRS 116B.270 Construction against implicit repeal.
- NRS 116B.275 Unconscionable agreement or term of contract.
- NRS 116B.280 Obligation of good faith.
- NRS 116B.285 Remedies to be liberally administered. Applicability
- NRS 116B.290 Applicability.
- NRS 116B.295 Provisions of governing documents in violation of chapter deemed to conform with chapter by operation of law.
- NRS 116B.300 Notice of changes to governing documents. CREATION, ALTERATION AND TERMINATION OF CONDOMINIUM HOTELS
- NRS 116B.305 Creation of condominium hotels.
- NRS 116B.310 Hotel unit boundaries.
- NRS 116B.315 Control of hotel units; use of shared components.
- NRS 116B.320 Construction and validity of declaration and bylaws.
- NRS 116B.325 Description of units.
- NRS 116B.330 Contents of declaration.
- NRS 116B.335 Leasehold condominium hotels.
- NRS 116B.340 Allocation of allocated interests.
- NRS 116B.345 Limited common elements.
- NRS 116B.350 Plats.
- NRS 116B.355 Exercise of developmental rights.
- NRS 116B.360 Alterations of units; access to units.
- NRS 116B.365 Monuments as boundaries.
- NRS 116B.370 Relocation of boundaries between adjoining units.
- NRS 116B.375 Subdivision of units.
- NRS 116B.380 Amendment of declaration.
- NRS 116B.385 Termination of condominium hotel.
- NRS 116B.390 Rights of creditors following termination.
- NRS 116B.395 Respective interests of units' owners following termination.
- NRS 116B.400 Effect of foreclosure or enforcement of lien or encumbrance.
- NRS 116B.405 Rights of secured lenders.
- NRS 116B.410 Merger or consolidation of condominium hotels; reallocation of liability for shared expenses. MANAGEMENT OF CONDOMINIUM HOTELS General Provisions
- NRS 116B.415 Organization of unit-owners' association.
- NRS 116B.420 Powers of unit-owners' association.
- NRS 116B.425 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 116B.430 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 116B.435 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 116B.440 Period of declarant's control of association; representation of units' owners on executive board.
- NRS 116B.445 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 116B.450 Removal of member of executive board; indemnification and defense of member of executive board.
- NRS 116B.455 Delivery to association of property held or controlled by declarant; exceptions.
- NRS 116B.460 Delivery to association of additional common elements constructed by declarant or successor declarant.
- NRS 116B.465 Delivery to association of converted shared component reserve deficit.
- NRS 116B.470 Delivery to association of converted common element reserve deficit.
- NRS 116B.475 Transfer of special declarant's right.
- NRS 116B.480 Liabilities and obligations of person who succeeds to special declarant's rights.
- NRS 116B.485 Successor not subject to certain claims against or other obligations of transferor of special declarant's right.
- NRS 116B.490 Bylaws.
- NRS 116B.495 Rules of association.
- NRS 116B.500 Rules of hotel unit owner.
- NRS 116B.505 Limitation on power of hotel unit owner to impose sanctions for violations of rules; exception; procedural requirements.
- NRS 116B.510 Complaint alleging violation by hotel unit owner; acknowledgment; response.
- NRS 116B.515 Upkeep of condominium hotel. Meetings and Voting
- NRS 116B.520 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; presentation of written report concerning budgets for shared expenses.
- NRS 116B.525 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 116B.530 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 116B.535 Right of units' owners to have certain complaints placed on agenda of meeting of executive board.
- NRS 116B.540 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 116B.545 Quorum.
- NRS 116B.550 Voting by units' owners; use of proxies; voting by lessees of leased units; association prohibited from voting as owner of unit. Liabilities, Insurance and Fiscal Affairs
- NRS 116B.555 Tort and contract liability.
- NRS 116B.560 Conveyance or encumbrance of common elements.
- NRS 116B.565 Insurance: General requirements.
- NRS 116B.570 Insurance: Policies.
- NRS 116B.575 Insurance: Repair or replacement of damaged or destroyed portion of condominium hotel.
- NRS 116B.580 Preparation and presentation of financial statements.
- NRS 116B.585 Audit and review of financial statements.
- NRS 116B.590 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 116B.595 Assessments for shared expenses; funding of adequate reserves; collection of interest on past due assessments; payer of shared expenses not entitled to ownership or control; delivery of budget for projected shared expenses.
- NRS 116B.600 Annual distribution to units' owners of operating and reserve budgets or summaries of such budgets; ratification of budget.
- NRS 116B.605 Study of reserves for common elements; duties of executive board regarding study; person who conducts study required to be registered; contents of study; submission of summary of study to Division.
- NRS 116B.610 Study of reserves for shared components and hotel unit; duties of hotel unit owner regarding study; person who conducts study required to be registered; contents of study.
- NRS 116B.615 Signatures required for withdrawals from reserve account of association.
- NRS 116B.620 Fees imposed on associations to pay for costs of administering Office of Ombudsman and Commission; administrative penalties for failure to pay; interest on unpaid fees.
- NRS 116B.625 Registration of associations with Ombudsman. Liens
- NRS 116B.630 Liens against units for assessments.
- NRS 116B.635 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 116B.640 Foreclosure of liens: Mailing of notice of default and election to sell to certain interested persons.
- NRS 116B.645 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 116B.650 Foreclosure of liens: Procedure for conducting sale; purchase of unit by association or hotel unit owner; execution and delivery of deed; use of proceeds of sale.
- NRS 116B.655 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 116B.660 Foreclosure of liens: Requests by interested persons for notice of default and election to sell; right of association or hotel unit owner to waive default and withdraw notice or proceeding to foreclose.
- NRS 116B.665 Liens against association. Books, Records and Other Documents
- NRS 116B.670 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 116B.675 Maintenance and availability of certain financial records of association; provision of copies to units' owners and Ombudsman.
- NRS 116B.680 Maintenance and availability of financial records of association; right of units' owners to inspect, examine, photocopy and audit records of association.
- NRS 116B.685 Maintenance, availability and review of certain financial books and records of hotel unit. Miscellaneous Rights, Duties and Restrictions
- NRS 116B.690 Retaliatory action prohibited.
- NRS 116B.695 Prohibition against certain personnel soliciting or accepting compensation, gratuity or remuneration under certain circumstances.
- NRS 116B.700 Prohibition against certain personnel contracting with association or accepting commission, personal profit or compensation from association; exceptions.
- NRS 116B.705 Association as trustee.
- NRS 116B.710 Right of units' owners to display flag of the United States in certain areas; conditions and limitations on exercise of right.
- NRS 116B.715 Right of units' owners to exhibit political signs in certain areas; conditions and limitations on exercise of right.
- NRS 116B.720 Association prohibited from requiring unit's owner to obtain approval to rent or lease unit; exceptions. PROTECTION OF PURCHASERS
- NRS 116B.725 Applicability; exceptions.
- NRS 116B.730 Liability for preparation and delivery of public offering statement.
- NRS 116B.735 Public offering statement: General provisions.
- NRS 116B.740 Public offering statement: Condominium hotels subject to developmental rights.
- NRS 116B.745 Public offering statement: Condominium hotel containing converted building.
- NRS 116B.750 Public offering statement: Condominium hotel registered with Securities and Exchange Commission or State of Nevada.
- NRS 116B.755 Purchaser's right to cancel.
- NRS 116B.760 Resales of units.
- NRS 116B.765 Required form of information statement.
- NRS 116B.770 Escrow of deposits; furnishing of bond in lieu of deposit.
- NRS 116B.775 Release of liens.
- NRS 116B.780 Exclusion or modification of warranties of quality.
- NRS 116B.785 Power of Commission to adopt regulations concerning additional disclosures.
- NRS 116B.790 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 116B.795 Substantial completion of units. ADMINISTRATION AND ENFORCEMENT OF CHAPTER General Provisions
- NRS 116B.800 Jurisdiction.
- NRS 116B.805 Administration of chapter; regulations of Commission and Real Estate Administrator; delegation of authority; publications.
- NRS 116B.810 Employment of personnel by Real Estate Division; duties of Attorney General; legal opinions by Attorney General.
- NRS 116B.815 Ombudsman for Owners in Common-Interest Communities and Condominium Hotels: Powers and duties.
- NRS 116B.820 Immunity.
- NRS 116B.825 Service of notice and other information upon Commission.
- NRS 116B.830 Authority for Real Estate Division to conduct business electronically; regulations; fees; use of unsworn declaration; exclusions. General Powers and Duties of Commission
- NRS 116B.835 Issuance and enforcement of subpoenas.
- NRS 116B.840 Witnesses: Payment of fees and mileage.
- NRS 116B.845 Conducting hearings and other proceedings; collection of information; development and promotion of educational guidelines; accreditation of programs of education and research.
- NRS 116B.850 Establishment of standards for subsidizing arbitration, mediation and educational programs; acceptance of gifts, grants and donations; agreements and cooperation with other entities.
- NRS 116B.855 Appointment of hearing panels; delegation of powers and duties; appeals to Commission.
- NRS 116B.860 Use of audio or video teleconference for hearings. Investigation of Violations; Remedial and Disciplinary Action
- NRS 116B.865 "Violation" defined.
- NRS 116B.870 Jurisdiction of Real Estate Division, Ombudsman, Commission and hearing panels.
- NRS 116B.875 Rights, remedies and penalties are cumulative and not exclusive; limitations on power of Commission and hearing panels regarding internal activities of association.
- NRS 116B.880 Confidentiality of records: Certain records relating to complaint or investigation deemed confidential; certain records relating to disciplinary action deemed public records.
- NRS 116B.885 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 116B.890 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 116B.895 Procedure for hearing complaints: Time for holding hearing; continuances; notices; evidence; answers; defaults.
- NRS 116B.900 Representation by attorney.
- NRS 116B.905 Decisions on complaints.
- NRS 116B.910 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 116B.915 Remedial and disciplinary action: Audit of association; appointment of receiver.
- NRS 116B.920 Injunctions.
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