Nevada Revised Statutes (Last Updated: December 24, 2014) |
TITLE10 PROPERTY RIGHTS AND TRANSACTIONS |
CHAPTER116. Common-Interest Ownership (Uniform Act) |
ARTICLE 1. GENERAL PROVISIONS |
PART I. Definitions and Other General Provisions |
NRS 116.001. Short title. |
NRS 116.003. Definitions. |
NRS 116.005. “Administrator” defined. |
NRS 116.007. “Affiliate of a declarant” defined. |
NRS 116.009. “Allocated interests” defined. |
NRS 116.011. “Association” and “unit-owners’ association” defined. |
NRS 116.013. “Certificate” defined. |
NRS 116.015. “Commission” defined. |
NRS 116.017. “Common elements” defined. |
NRS 116.019. “Common expenses” defined. |
NRS 116.021. “Common-interest community” defined. |
NRS 116.023. “Community manager” defined. |
NRS 116.025. “Complaint” defined. |
NRS 116.027. “Condominium” defined. |
NRS 116.029. “Converted building” defined. |
NRS 116.031. “Cooperative” defined. |
NRS 116.033. “Dealer” defined. |
NRS 116.035. “Declarant” defined. |
NRS 116.037. “Declaration” defined. |
NRS 116.039. “Developmental rights” defined. |
NRS 116.041. “Dispose” and “disposition” defined. |
NRS 116.043. “Division” defined. |
NRS 116.045. “Executive board” defined. |
NRS 116.047. “Financial statement” defined. |
NRS 116.049. “Governing documents” defined. |
NRS 116.051. “Hearing panel” defined. |
NRS 116.053. “Identifying number” defined. |
NRS 116.055. “Leasehold common-interest community” defined. |
NRS 116.057. “Liability for common expenses” defined. |
NRS 116.059. “Limited common element” defined. |
NRS 116.0605. “Major component of the common elements” defined. |
NRS 116.061. “Management of a common-interest community” defined. |
NRS 116.063. “Master association” defined. |
NRS 116.064. “Nonresidential condominium” defined. |
NRS 116.065. “Offering” defined. |
NRS 116.067. “Ombudsman” defined. |
NRS 116.069. “Party to the complaint” defined. |
NRS 116.073. “Person” defined. |
NRS 116.075. “Planned community” defined. |
NRS 116.077. “Proprietary lease” defined. |
NRS 116.079. “Purchaser” defined. |
NRS 116.081. “Real estate” defined. |
NRS 116.083. “Residential use” defined. |
NRS 116.085. “Respondent” defined. |
NRS 116.087. “Security interest” defined. |
NRS 116.089. “Special declarant’s rights” defined. |
NRS 116.091. “Time share” defined. |
NRS 116.093. “Unit” defined. |
NRS 116.095. “Unit’s owner” defined. |
NRS 116.1104. Provisions of chapter may not be varied by agreement, waived or evaded; exceptions. |
NRS 116.11045. Provisions of chapter do not invalidate or modify tariffs, rules and standards of public utility; consistency of governing documents. |
NRS 116.1105. Categorization of property in certain common-interest communities. |
NRS 116.1106. Applicability of local ordinances, regulations and building codes. |
NRS 116.1107. Eminent domain. |
NRS 116.1108. Supplemental general principles of law applicable. |
NRS 116.11085. Provisions of chapter prevail over conflicting provisions governing certain business entities generally. |
NRS 116.1109. Construction against implicit repeal; uniformity of application and construction. |
NRS 116.1112. Unconscionable agreement or term of contract. |
NRS 116.1113. Obligation of good faith. |
NRS 116.1114. Remedies to be liberally administered. |
NRS 116.1118. Federal Electronic Signatures in Global and National Commerce Act superseded; exceptions. |
PART II. Applicability |
NRS 116.1201. Applicability; regulations. |
NRS 116.1203. Exception for small planned communities. |
NRS 116.1206. Provisions of governing documents in violation of chapter deemed to conform with chapter by operation of law; procedure for certain amendments to governing documents. |
NRS 116.12065. Notice of changes to governing documents. |
NRS 116.12075. Applicability to nonresidential condominiums. |
NRS 116.1209. Other exempt real estate arrangements; other exempt covenants. |
ARTICLE 2. CREATION, ALTERATION AND TERMINATION OF COMMON-INTEREST COMMUNITIES |
NRS 116.2101. Creation of common-interest communities. |
NRS 116.2102. Unit boundaries. |
NRS 116.2103. Construction and validity of declaration and bylaws. |
NRS 116.2104. Description of units. |
NRS 116.2105. Contents of declaration. |
NRS 116.2106. Leasehold common-interest communities. |
NRS 116.2107. Allocation of allocated interests. |
NRS 116.2108. Limited common elements. |
NRS 116.2109. Plats. |
NRS 116.211. Exercise of developmental rights. |
NRS 116.2111. Alterations of units; access to units. |
NRS 116.2112. Relocation of boundaries between adjoining units. |
NRS 116.2113. Subdivision of units. |
NRS 116.2114. Monuments as boundaries. |
NRS 116.2115. Use for purposes of sales. |
NRS 116.2116. Easement rights; validity of existing restrictions. |
NRS 116.2117. Amendment of declaration. |
NRS 116.21175. Procedure for seeking confirmation from district court of certain amendments to declaration. |
NRS 116.2118. Termination of common-interest community. |
NRS 116.21183. Rights of creditors following termination. |
NRS 116.21185. Respective interests of units’ owners following termination. |
NRS 116.21188. Effect of foreclosure or enforcement of lien or encumbrance. |
NRS 116.2119. Rights of secured lenders. |
NRS 116.212. Master associations. |
NRS 116.21205. Reallocation of costs of administering common elements of certain master associations. |
NRS 116.2121. Merger or consolidation of common-interest communities. |
NRS 116.2122. Addition of unspecified real estate. |
NRS 116.2124. Termination following catastrophe. |
ARTICLE 3. MANAGEMENT OF COMMON-INTEREST COMMUNITIES |
General Provisions |
NRS 116.3101. Organization of unit-owners’ association. |
NRS 116.3102. Powers of unit-owners’ association; limitations. |
NRS 116.310313. Collection of past due obligation; charge of reasonable fee to collect. |
NRS 116.310315. Accounting for fines imposed by association. |
NRS 116.31032. Period of declarant’s control of association; representation of units’ owners on executive board. |
NRS 116.31035. Publications containing mention of candidate or ballot question: Requirements; limitations. |
NRS 116.31036. Removal of member of executive board. |
NRS 116.31037. Indemnification and defense of member of executive board. |
NRS 116.31038. Delivery to association of property held or controlled by declarant. |
NRS 116.31039. Delivery to association of additional common elements constructed by declarant or successor declarant. |
NRS 116.310395. Delivery to association of converted building reserve deficit. |
NRS 116.3104. Transfer of special declarant’s right. |
NRS 116.31043. Liabilities and obligations of person who succeeds to special declarant’s rights. |
NRS 116.31046. Successor not subject to certain claims against or other obligations of transferor of special declarant’s right. |
NRS 116.3105. Termination of contracts and leases of declarant. |
NRS 116.3106. Bylaws. |
NRS 116.31065. Rules. |
NRS 116.31068. Notice to units’ owners. |
NRS 116.3107. Upkeep of common-interest community. |
NRS 116.31073. Maintenance, repair, restoration and replacement of security walls. |
Meetings and Voting |
NRS 116.31075. Meetings of rural agricultural residential common-interest communities: Compliance with Open Meeting Law. |
NRS 116.31084. Voting by member of executive board; disclosures; abstention from voting on certain matters. |
NRS 116.31086. Solicitation of bids for association project; bids to be opened at meeting of executive board. |
NRS 116.31087. Right of units’ owners to have certain complaints placed on agenda of meeting of executive board. |
NRS 116.3109. Quorum. |
NRS 116.311. Voting by units’ owners; use of absentee ballots and proxies; voting by lessees of leased units; association prohibited from voting as owner of unit; voting without a meeting. |
NRS 116.31105. Voting by delegates or representatives; limitations; procedure for electing delegates or representatives. |
NRS 116.31107. Voting by units’ owners: Prohibited acts; penalty. |
Liabilities, Insurance and Fiscal Affairs |
NRS 116.3111. Tort and contract liability. |
NRS 116.3112. Conveyance or encumbrance of common elements. |
NRS 116.3113. Insurance: General requirements. |
NRS 116.31133. Insurance: Policies; use of proceeds; certificates or memoranda of insurance. |
NRS 116.31135. Insurance: Repair or replacement of damaged or destroyed portion of community. |
NRS 116.31138. Insurance: Variance or waiver of provisions in community restricted to nonresidential use. |
NRS 116.311395. Funds of association to be deposited or invested at certain financial institutions. |
NRS 116.3114. Surplus funds. |
NRS 116.31142. Preparation and presentation of financial statements. |
NRS 116.31144. Audit and review of financial statements. |
NRS 116.31153. Signatures required for withdrawals of certain association funds; exceptions. |
NRS 116.31158. Registration of associations with Ombudsman; contents of form for registration. |
Liens |
NRS 116.3116. Liens against units for assessments. |
NRS 116.31163. Foreclosure of liens: Mailing of notice of default and election to sell to certain interested persons. |
NRS 116.311635. Foreclosure of liens: Providing notice of time and place of sale; service of notice of sale; contents of notice of sale; proof of service. |
NRS 116.31164. Foreclosure of liens: Procedure for conducting sale; purchase of unit by association; execution and delivery of deed; use of proceeds of sale. |
NRS 116.31166. Foreclosure of liens: Effect of recitals in deed; purchaser not responsible for proper application of purchase money; title vested in purchaser without equity or right of redemption. |
NRS 116.31168. Foreclosure of liens: Requests by interested persons for notice of default and election to sell; right of association to waive default and withdraw notice or proceeding to foreclose. |
NRS 116.3117. Liens against association. |
Books, Records and Other Documents |
Miscellaneous Rights, Duties and Restrictions |
NRS 116.31183. Retaliatory action prohibited; separate action by unit’s owner. |
NRS 116.31184. Threats, harassment and other conduct prohibited; penalty. |
NRS 116.31185. Prohibition against certain personnel soliciting or accepting compensation, gratuity or remuneration under certain circumstances. |
NRS 116.31187. Prohibition against certain personnel contracting with association or accepting commission, personal profit or compensation from association; exceptions. |
NRS 116.31189. Bribery of community manager or member of executive board; penalties; exceptions. |
NRS 116.3119. Association as trustee. |
NRS 116.320. Right of units’ owners to display flag of the United States in certain areas; conditions and limitations on exercise of right. |
NRS 116.325. Right of units’ owners to exhibit political signs in certain areas; conditions and limitations on exercise of right. |
NRS 116.332. Right of units’ owners to store containers for collection of solid waste or recyclable materials; adoption of rules by association. |
NRS 116.335. Association prohibited from requiring unit’s owner to obtain approval to rent or lease unit; exceptions. |
NRS 116.340. Transient commercial use of units within certain planned communities. |
NRS 116.345. Association of planned community prohibited from taking certain actions regarding property, buildings and structures within planned community; validity of existing restrictions. |
NRS 116.350. Limitations regarding regulation of certain roads, streets, alleys or other thoroughfares; permissible regulation of parking or storage of certain vehicles. |
ARTICLE 4. PROTECTION OF PURCHASERS |
NRS 116.4101. Applicability; exceptions. |
NRS 116.4102. Liability for preparation and delivery of public offering statement. |
NRS 116.4103. Public offering statement: General provisions. |
NRS 116.41035. Public offering statement: Limitations for certain small offerings. |
NRS 116.4104. Public offering statement: Common-interest communities subject to developmental rights. |
NRS 116.4105. Public offering statement: Time shares. |
NRS 116.4106. Public offering statement: Common-interest community containing converted building. |
NRS 116.4107. Public offering statement: Common-interest community registered with Securities and Exchange Commission or State of Nevada. |
NRS 116.4108. Purchaser’s right to cancel. |
NRS 116.4109. Resales of units. |
NRS 116.41095. Required form of information statement. |
NRS 116.411. Escrow of deposits; furnishing of bond in lieu of deposit. |
NRS 116.4111. Release of liens. |
NRS 116.4112. Converted buildings. |
NRS 116.4113. Express warranties of quality. |
NRS 116.4114. Implied warranties of quality. |
NRS 116.4115. Exclusion or modification of warranties of quality. |
NRS 116.4116. Statute of limitations for warranties. |
NRS 116.4118. Labeling of promotional material. |
NRS 116.4119. Declarant’s obligation to complete and restore. |
NRS 116.412. Substantial completion of units. |
ADMINISTRATION AND ENFORCEMENT OF CHAPTER |
General Provisions |
NRS 116.600. Commission for Common-Interest Communities and Condominium Hotels: Creation; appointment and qualifications of members; terms of office; compensation. |
NRS 116.605. Commission for Common-Interest Communities and Condominium Hotels: Courses of instruction for members. |
NRS 116.610. Commission for Common-Interest Communities and Condominium Hotels: Election of officers; meetings; quorum. |
NRS 116.615. Administration of chapter; regulations of Commission and Real Estate Administrator; delegation of authority; publications. |
NRS 116.620. Employment of personnel by Real Estate Division; duties of Attorney General; legal opinions by Attorney General. |
NRS 116.623. Petitions for declaratory orders or advisory opinions: Regulations; scope; contents of petition; filing; period for response. |
NRS 116.625. Ombudsman for Owners in Common-Interest Communities and Condominium Hotels: Creation of office; appointment; qualifications; powers and duties. |
NRS 116.630. Account for Common-Interest Communities and Condominium Hotels: Creation; administration; sources; uses. |
NRS 116.635. Immunity. |
NRS 116.640. Service of notice and other information upon Commission. |
NRS 116.643. Authority for Commission or Real Estate Administrator to adopt regulations requiring additional disclosures for sale of unit. |
NRS 116.645. Authority for Real Estate Division to conduct business electronically; regulations; fees; use of unsworn declaration; exclusions. |
General Powers and Duties of Commission |
NRS 116.660. Issuance and enforcement of subpoenas. |
NRS 116.662. Witnesses: Payment of fees and mileage. |
NRS 116.665. Conducting hearings and other proceedings; collection of information; development and promotion of educational guidelines; accreditation of programs of education and research. |
NRS 116.670. Establishment of standards for subsidizing arbitration, mediation and educational programs; acceptance of gifts, grants and donations; agreements and cooperation with other entities. |
NRS 116.675. Appointment of hearing panels; delegation of powers and duties; appeals to Commission. |
NRS 116.680. Use of audio or video teleconference for hearings. |
Investigation of Violations; Remedial and Disciplinary Action |
NRS 116.745. “Violation” defined. |
NRS 116.750. Jurisdiction of Real Estate Division, Ombudsman, Commission and hearing panels. |
NRS 116.755. Rights, remedies and penalties are cumulative and not exclusive; limitations on power of Commission and hearing panels regarding internal activities of association. |
NRS 116.757. Confidentiality of records: Certain records relating to complaint or investigation deemed confidential; certain records relating to disciplinary action deemed public records. |
NRS 116.760. Right of person aggrieved by alleged violation to file affidavit with Real Estate Division; procedure for filing affidavit; administrative fine for filing false or fraudulent affidavit. |
NRS 116.770. Procedure for hearing complaints: Time for holding hearing; continuances; notices; evidence; answers; defaults. |
NRS 116.775. Representation by attorney. |
NRS 116.780. Decisions on complaints. |
NRS 116.790. Remedial and disciplinary action: Audit of association; requiring association to hire community manager who holds certificate; appointment of receiver. |
NRS 116.795. Injunctions. |