NRS116B.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.

      1.  If a declarant, hotel unit owner or any other person subject to this chapter fails to comply with any of its provisions or any provision of the declaration or bylaws, any person or class of persons suffering actual damages from the failure to comply has a claim for appropriate relief.

      2.  Subject to the requirements set forth in NRS 38.310 and except as otherwise provided in NRS 116B.555, a civil action for damages caused by a failure or refusal to comply with any provision of this chapter or the governing documents of an association may be brought:

      (a) By the association against:

             (1) A declarant; or

             (2) A unit’s owner.

      (b) By a unit’s owner against:

             (1) The association;

             (2) A declarant; or

             (3) Another unit’s owner of the association.

      3.  Punitive damages may be awarded for a willful and material failure to comply with this chapter if the failure is established by clear and convincing evidence.

      4.  The court may award reasonable attorney’s fees to the prevailing party.

      5.  The civil remedy provided by this section is in addition to, and not exclusive of, any other available remedy or penalty.

      (Added to NRS by 2007, 2259)