NRS 116.31043
Liabilities and obligations of person who succeeds to special declarant’s rights.


The liabilities and obligations of a person who succeeds to special declarant’s rights are as follows:

1.

A successor to any special declarant’s right who is an affiliate of a declarant is subject to all obligations and liabilities imposed on the transferor by this chapter or by the declaration.

2.

A successor to any special declarant’s right, other than a successor described in subsection 3 or 4 or a successor who is an affiliate of a declarant, is subject to the obligations and liabilities imposed by this chapter or the declaration:

(a)

On a declarant which relate to the successor’s exercise or nonexercise of special declarant’s rights; or

(b)

On his or her transferor, other than:

(1)

Misrepresentations by any previous declarant;

(2)

Warranties on improvements made by any previous declarant, or made before the common-interest community was created;

(3)

Breach of any fiduciary obligation by any previous declarant or previous declarant’s appointees to the executive board; or

(4)

Any liability or obligation imposed on the transferor as a result of the transferor’s acts or omissions after the transfer.

3.

A successor to only a right reserved in the declaration to maintain models, offices for sales and signs (NRS 116.2115), may not exercise any other special declarant’s right, and is not subject to any liability or obligation as a declarant, except the obligation to provide a public offering statement and any liability arising as a result thereof.

4.

A successor to all special declarant’s rights held by a transferor who succeeded to those rights pursuant to a deed or other instrument of conveyance in lieu of foreclosure or a judgment or instrument conveying title under subsection 3 of NRS 116.3104, may declare in a recorded instrument the intention to hold those rights solely for transfer to another person. Thereafter, until transferring all special declarant’s rights to any person acquiring title to any unit or real estate subject to developmental rights owned by the successor, or until recording an instrument permitting exercise of all those rights, that successor may not exercise any of those rights other than any right held by his or her transferor to control the executive board in accordance with NRS 116.31032 for the duration of any period of declarant’s control, and any attempted exercise of those rights is void. So long as a successor declarant may not exercise special declarant’s rights under this subsection, the successor declarant is not subject to any liability or obligation as a declarant other than liability for his or her acts and omissions under NRS 116.31032.

Source: Section 116.31043 — Liabilities and obligations of person who succeeds to special declarant’s rights., https://www.­leg.­state.­nv.­us/NRS/NRS-116.­html#NRS116Sec31043.

116.3101
Organization of unit-owners’ association.
116.3102
Powers of unit-owners’ association
116.3103
Power of executive board to act on behalf of association
116.3104
Transfer of special declarant’s right.
116.3105
Termination of contracts and leases of declarant.
116.3106
Bylaws.
116.3107
Upkeep of common-interest community.
116.31031
Power of executive board to impose fines and other sanctions for violations of governing documents
116.31032
Period of declarant’s control of association
116.31034
Election of members of executive board and officers of association
116.31035
Publications containing mention of candidate or ballot question: Requirements
116.31036
Removal of member of executive board.
116.31037
Indemnification and defense of member of executive board.
116.31038
Delivery to association of property held or controlled by declarant.
116.31039
Delivery to association of additional common elements constructed by declarant or successor declarant.
116.31043
Liabilities and obligations of person who succeeds to special declarant’s rights.
116.31046
Successor not subject to certain claims against or other obligations of transferor of special declarant’s right.
116.31065
Rules.
116.31068
Notice to units’ owners.
116.31073
Maintenance, repair, restoration and replacement of security walls.
116.310305
Power of executive board to impose construction penalties for failure of unit’s owner to adhere to certain schedules relating to design, construction, occupancy or use of unit or improvement.
116.310312
Power of executive board to enter grounds of unit to conduct certain maintenance or remove or abate public nuisance or to enter grounds or interior of unit to abate water or sewage leak or take other action
116.310313
Collection of past due obligation
116.310315
Accounting for fines imposed by association.
116.310395
Delivery to association of converted building reserve deficit.
Last Updated

Jun. 24, 2021

§ 116.31043’s source at nv​.us