NRS116.31175. 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.

      1.  Except as otherwise provided in subsection 4, the executive board of an association shall, upon the written request of a unit’s owner, make available the books, records and other papers of the association for review at the business office of the association or a designated business location not to exceed 60 miles from the physical location of the common-interest community and during the regular working hours of the association, including, without limitation:

      (a) The financial statement of the association;

      (b) The budgets of the association required to be prepared pursuant to NRS 116.31151;

      (c) The study of the reserves of the association required to be conducted pursuant to NRS 116.31152; and

      (d) All contracts to which the association is a party and all records filed with a court relating to a civil or criminal action to which the association is a party.

      2.  The executive board shall provide a copy of any of the records described in paragraphs (a), (b) and (c) of subsection 1 to a unit’s owner or the Ombudsman within 21 days after receiving a written request therefor. Such records must be provided in electronic format at no charge to the unit’s owner or, if the association is unable to provide the records in electronic format, the executive board may charge a fee to cover the actual costs of preparing a copy, but the fee may not exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

      3.  If the executive board fails to provide a copy of any of the records pursuant to subsection 2 within 21 days, the executive board must pay a penalty of $25 for each day the executive board fails to provide the records.

      4.  The provisions of subsection 1 do not apply to:

      (a) The personnel records of the employees of the association, except for those records relating to the number of hours worked and the salaries and benefits of those employees;

      (b) The records of the association relating to another unit’s owner, including, without limitation, any architectural plan or specification submitted by a unit’s owner to the association during an approval process required by the governing documents, except for those records described in subsection 5; and

      (c) Any document, including, without limitation, minutes of an executive board meeting, a reserve study and a budget, if the document:

             (1) Is in the process of being developed for final consideration by the executive board; and

             (2) Has not been placed on an agenda for final approval by the executive board.

      5.  The executive board of an association shall maintain a general record concerning each violation of the governing documents, other than a violation involving a failure to pay an assessment, for which the executive board has imposed a fine, a construction penalty or any other sanction. The general record:

      (a) Must contain a general description of the nature of the violation and the type of the sanction imposed. If the sanction imposed was a fine or construction penalty, the general record must specify the amount of the fine or construction penalty.

      (b) Must not contain the name or address of the person against whom the sanction was imposed or any other personal information which may be used to identify the person or the location of the unit, if any, that is associated with the violation.

      (c) Must be maintained in an organized and convenient filing system or data system that allows a unit’s owner to search and review the general records concerning violations of the governing documents.

      6.  If the executive board refuses to allow a unit’s owner to review the books, records or other papers of the association, the Ombudsman may:

      (a) On behalf of the unit’s owner and upon written request, review the books, records or other papers of the association during the regular working hours of the association; and

      (b) If the Ombudsman is denied access to the books, records or other papers, request the Commission, or any member thereof acting on behalf of the Commission, to issue a subpoena for their production.

      7.  The books, records and other papers of an association must be maintained for at least 10 years. The provisions of this subsection do not apply to:

      (a) The minutes of a meeting of the units’ owners which must be maintained in accordance with NRS 116.3108; or

      (b) The minutes of a meeting of the executive board which must be maintained in accordance with NRS 116.31083.

      8.  The executive board shall not require a unit’s owner to pay an amount in excess of $10 per hour to review any books, records, contracts or other papers of the association pursuant to the provisions of subsection 1.

      (Added to NRS by 1999, 2996; A 2003, 2245; 2009, 1737, 2807, 2894, 2928; 2011, 1879, 2451)