NRS116A.640. Community manager prohibited from engaging in certain acts; exceptions.

  In addition to the standards of practice for community managers set forth in NRS 116A.630 and any additional standards of practice adopted by the Commission by regulation pursuant to NRS 116A.400, a community manager shall not:

      1.  Except as otherwise required by law or court order, disclose confidential information relating to a client, which includes, without limitation, the business affairs and financial records of the client, unless the client agrees to the disclosure in writing.

      2.  Impede or otherwise interfere with an investigation of the Division by:

      (a) Failing to comply with a request of the Division to provide documents;

      (b) Supplying false or misleading information to an investigator, auditor or any other officer or agent of the Division; or

      (c) Concealing any facts or documents relating to the business of a client.

      3.  Commingle money or other property of a client with the money or other property of another client, another association, the community manager or the employer of the community manager.

      4.  Use money or other property of a client for his or her own personal use.

      5.  Be a signer on a withdrawal from a reserve account of a client.

      6.  Except as otherwise permitted by the provisions of the court rules governing the legal profession, establish an attorney-client relationship with an attorney or law firm which represents a client that employs the community manager or with whom the community manager has a management agreement.

      7.  Provide or attempt to provide to a client a service concerning a type of property or service:

      (a) That is outside the community manager’s field of experience or competence without the assistance of a qualified authority unless the fact of his or her inexperience or incompetence is disclosed fully to the client and is not otherwise prohibited by law; or

      (b) For which the community manager is not properly licensed.

      8.  Intentionally apply a payment of an assessment from a unit’s owner towards any fine, fee or other charge that is due.

      9.  Refuse to accept from a unit’s owner payment of any assessment, fine, fee or other charge that is due because there is an outstanding payment due.

      10.  Collect any fees or other charges from a client not specified in the management agreement.

      11.  Accept any compensation, gift or any other item of material value as payment or consideration for a referral or in the furtherance or performance of his or her normal duties unless:

      (a) Acceptance of the compensation, gift or other item of material value complies with the provisions of NRS 116.31185 or 116B.695 and all other applicable federal, state and local laws, regulations and ordinances; and

      (b) Before acceptance of the compensation, gift or other item of material value, the community manager provides full disclosure to the client and the client consents, in writing, to the acceptance of the compensation, gift or other item of material value by the community manager.

      (Added to NRS by 2009, 2816)