There is a newer version of the Nevada Revised Statutes
2013 Nevada Revised Statutes
Chapter 116 - Common-Interest Ownership (Uniform Act)
ARTICLE 1GENERAL 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.
- NRS 116.1118 - Federal Electronic Signatures in Global and National Commerce Act superseded; exceptions.
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.
- NRS 116.12075 - Applicability to nonresidential condominiums.
- NRS 116.1209 - Other exempt real estate arrangements; other exempt covenants.
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.
- NRS 116.2124 - Termination following catastrophe.
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 and conflict of interest rules; 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. [Effective through December 31, 2013.]
- 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 imposed by association.
- 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 116.31035 - Publications containing mention of candidate or ballot question: Requirements; limitations.
- NRS 116.31036 - Removal of member of executive board.
- NRS 116.31037 - 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 116.31068 - Notice to units owners.
- NRS 116.3107 - Upkeep of common-interest community.
- NRS 116.31073 - Maintenance, repair, restoration and replacement of security walls.
- 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; requirements concerning notice and agendas; 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; 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 absentee ballots and proxies; voting by lessees of leased units; association prohibited from voting as owner of unit; voting without a meeting.
- NRS 116.31105 - Voting by delegates or representatives; limitations; procedure for electing delegates or representatives.
- NRS 116.31107 - Voting by units owners: Prohibited acts; penalty.
- 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.
- 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.
- 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 116.3118 - 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.
- NRS 116.31183 - Retaliatory action prohibited; separate action by unit s owner.
- NRS 116.31184 - Threats, harassment and other conduct prohibited; penalty.
- 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 116.332 - Right of units owners to store containers for collection of solid waste or recyclable materials; adoption of rules by association.
- 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.
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; members of executive board not personally liable to victims of crimes; circumstances under which punitive damages may be awarded; 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.
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.
- 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.
- 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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