NRS 119A.380
Requirements for time-share instruments.


1.

Each time-share plan must be created by one or more time-share instruments.

2.

A time-share instrument must provide:

(a)

A legal description and the physical address of the project;

(b)

The name of the time-share plan;

(c)

A system for establishing and identifying the time shares in the time-share plan;

(d)

For assessment of the expenses of the time-share plan and an allocation of those expenses among the time shares;

(e)

The voting rights which are assigned to each time share;

(f)

If applicable, the procedure to add units and other real estate to, and to withdraw units and other real estate from, the time-share plan, and the method of reallocating expenses among the time shares after any such addition or withdrawal;

(g)

The maximum number of time shares that may be created under the time-share plan;

(h)

For selection of the trustee for insurance which is required to be maintained by the association or the developer;

(i)

For maintenance of the units;

(j)

For management of the time-share plan;

(k)

A procedure to amend the time-share instrument; and

(l)

The rights of the purchaser relating to the occupancy of the unit.

3.

A time-share instrument may provide for:

(a)

The developer’s reserved rights;

(b)

Cumulative voting, but only for the purpose of electing the members of the board; and

(c)

The establishment of:

(1)

Separate voting classes based on the size or type of unit to which the votes are allocated; and

(2)

A separate voting class for the developer during the period in which the developer is in control.

4.

The provisions of a time-share instrument are severable.

5.

The rule against perpetuities and NRS 111.103 to 111.1039, inclusive, do not apply to defeat any provisions of a time-share instrument.

6.

With respect to time-share plans governed by the law of another state or component sites of a time-share plan located outside of this State, the instrument creating and governing the time-share plans or such component sites must be in compliance with the applicable laws of the state or jurisdiction under which the time-share plan is formed or in which the component sites are located. If the laws of the state or jurisdiction under which the time-share plan is formed or in which the component sites of such time-share plan are located conflict with the requirements of this chapter, the laws of the other state or jurisdiction control. If the time-share instrument provides for the matters set forth in subsections 1 and 2, the association and the developer shall be deemed to be in compliance with the requirements of this section and are not required to revise a time-share instrument to comply with this chapter.

Source: Section 119A.380 — Requirements for time-share instruments., https://www.­leg.­state.­nv.­us/NRS/NRS-119A.­html#NRS119ASec380.

Last Updated

Jun. 24, 2021

§ 119A.380’s source at nv​.us