NRS116A.630. Standards of practice for community managers.

  In addition to any additional standards of practice for community managers adopted by the Commission by regulation pursuant to NRS 116A.400, a community manager shall:

      1.  Except as otherwise provided by specific statute, at all times:

      (a) Act as a fiduciary in any client relationship; and

      (b) Exercise ordinary and reasonable care in the performance of duties.

      2.  Comply with all applicable:

      (a) Federal, state and local laws, regulations and ordinances; and

      (b) Lawful provisions of the governing documents of each client.

      3.  Keep informed of new developments in the management of a common-interest community through continuing education, including, without limitation, new developments in law, insurance coverage and accounting principles.

      4.  Advise a client to obtain advice from an independent expert relating to matters that are beyond the expertise of the community manager.

      5.  Under the direction of a client, uniformly enforce the provisions of the governing documents of the association.

      6.  At all times ensure that:

      (a) The financial transactions of a client are current, accurate and properly documented; and

      (b) There are established policies and procedures that are designed to provide reasonable assurances in the reliability of the financial reporting, including, without limitation:

             (1) Proper maintenance of accounting records;

             (2) Documentation of the authorization for any purchase orders, expenditures or disbursements;

             (3) Verification of the integrity of the data used in business decisions;

             (4) Facilitation of fraud detection and prevention; and

             (5) Compliance with all applicable laws and regulations governing financial records.

      7.  Prepare or cause to be prepared interim and annual financial statements that will allow the Division, the executive board, the units’ owners and the accountant or auditor to determine whether the financial position of an association is fairly presented in accordance with all applicable laws and regulations.

      8.  Cause to be prepared, if required by the Division, a financial audit performed by an independent certified public accountant of the records of the community manager pertaining to the common-interest community, which must be made available to the Division.

      9.  Make the financial records of an association available for inspection by the Division in accordance with the applicable laws and regulations.

      10.  Cooperate with the Division in resolving complaints filed with the Division.

      11.  Upon written request, make the financial records of an association available to the units’ owners electronically or during regular business hours required for inspection at a reasonably convenient location, which must be within 60 miles from the physical location of the common-interest community, and provide copies of such records in accordance with the applicable laws and regulations. As used in this subsection, “regular business hours” means Monday through Friday, 9 a.m. to 5 p.m., excluding legal holidays.

      12.  Maintain and invest association funds in a financial institution whose accounts are insured by the Federal Deposit Insurance Corporation, National Credit Union Share Insurance Fund, Securities Investor Protection Corporation, or a private insurer approved pursuant to NRS 678.755, or in government securities that are backed by the full faith and credit of the United States Government.

      13.  Except as required under collection agreements, maintain the various funds of the client in separate financial accounts in the name of the client and ensure that the association is authorized to have direct access to those accounts.

      14.  Provide notice to each unit’s owner that the executive board is aware of all legal requirements pursuant to the applicable laws and regulations.

      15.  Maintain internal accounting controls, including, without limitation, segregation of incompatible accounting functions.

      16.  Ensure that the executive board develops and approves written investment policies and procedures.

      17.  Recommend in writing to each client that the client register with the Division, maintain its registration and file all papers with the Division and the Secretary of State as required by law.

      18.  Comply with the directions of a client, unless the directions conflict with the governing documents of the client or the applicable laws or regulations of this State.

      19.  Recommend in writing to each client that the client be in compliance with all applicable federal, state and local laws, regulations and ordinances and the governing documents of the client.

      20.  Obtain, when practicable, at least three qualified bids for any capital improvement project for the client.

      21.  Develop written collection policies, approved by the executive board, to comply with all applicable federal, state and local laws, regulations and ordinances relating to the collection of debt. The collection policies must require:

      (a) That the executive board approve all write-offs of debt; and

      (b) That the community manager provide timely updates and reports as necessary.

      (Added to NRS by 2009, 2814)