NRS278.4789. Provision through association for common-interest community; notice of failure to maintain; hearings; remedies of governing body.

      1.  If a person who proposes to divide land for transfer or development into four or more lots pursuant to NRS 278.360 to 278.460, inclusive, or chapter 278A of NRS, decides to provide for the maintenance of landscaping, public lighting or security walls, or any combination thereof, through an association for a common-interest community, the governing body of the jurisdiction in which the land is located may, as a condition of the approval of any final map related to the proposal for the transfer or development of the land, require the association to adopt a plan for the maintenance of the improvements located on the land. The plan must include the proposed level of maintenance to be provided.

      2.  If the association fails to maintain the improvements in the manner set forth in the plan, the governing body may serve written notice upon the association, setting forth the manner in which the association has failed to maintain the improvements. The notice must:

      (a) Include a demand that the deficiencies of maintenance be cured within 30 days after receipt of the notice; and

      (b) State the date, time and place of a hearing to be held regarding the deficiencies of maintenance. The hearing must be held within 14 days after the receipt of the notice.

Ê The governing body shall provide to each owner of an affected tract of land a copy of the notice served upon the association pursuant to this subsection.

      3.  At a hearing conducted pursuant to this section, the governing body may:

      (a) Modify the terms of the original notice served pursuant to subsection 2; and

      (b) Provide an extension of time within which the deficiencies of maintenance may be cured.

      4.  If the deficiencies in maintenance are not cured within 30 days after the receipt of the notice or any extension of time provided pursuant to subsection 3, the governing body or its authorized agent may:

      (a) Enter the land on which the improvements are located and maintain the improvements for a period of not more than 1 year; and

      (b) Assess the affected tracts of land to recover the cost of the maintenance.

      5.  Entry and maintenance authorized pursuant to subsection 4 does not authorize a member of the public to use the improvements unless the land on which the improvements are located has been dedicated to and accepted by the governing body.

      6.  Before the expiration of the period of maintenance required pursuant to subsection 4, the local government, on its own motion or upon request of the association, shall hold a public hearing at which the owners of the affected tracts of land and the association may show cause why the governing body or its authorized agent need not continue to maintain the improvements that are located on the affected tracts of land.

      7.  After a hearing conducted pursuant to subsection 6, the governing body shall determine whether the association is ready and able to maintain the improvements that are located on the affected tracts of land in the manner required by the plan. If the governing body determines that the association is ready and able to maintain the improvements, the governing body shall cease its maintenance of the affected tracts of land at the end of the period. If the governing body determines that the association is not ready and able to maintain the improvements, the governing body may continue the maintenance of the improvements located on the affected tracts of land during the next succeeding year, subject to a similar hearing and determination in each year thereafter.

      8.  Any decision made by the governing body pursuant to this section constitutes a final decision for the purpose of judicial review.

      (Added to NRS by 1997, 3010)