Chapter 116 Common-interest Ownership (Uniform Act)

Sections

116.001
Short title.
116.003
Definitions.
116.005
“Administrator” defined.
116.007
“Affiliate of a declarant” defined.
116.009
“Allocated interests” defined.
116.011
“Association” and “unit-owners’ association” defined.
116.013
“Certificate” defined.
116.015
“Commission” defined.
116.017
“Common elements” defined.
116.019
“Common expenses” defined.
116.021
“Common-interest community” defined.
116.023
“Community manager” defined.
116.025
“Complaint” defined.
116.027
“Condominium” defined.
116.029
“Converted building” defined.
116.031
“Cooperative” defined.
116.033
“Dealer” defined.
116.035
“Declarant” defined.
116.037
“Declaration” defined.
116.039
“Developmental rights” defined.
116.041
“Dispose” and “disposition” defined.
116.043
“Division” defined.
116.045
“Executive board” defined.
116.047
“Financial statement” defined.
116.049
“Governing documents” defined.
116.051
“Hearing panel” defined.
116.053
“Identifying number” defined.
116.055
“Leasehold common-interest community” defined.
116.057
“Liability for common expenses” defined.
116.059
“Limited common element” defined.
116.061
“Management of a common-interest community” defined.
116.063
“Master association” defined.
116.064
“Nonresidential condominium” defined.
116.065
“Offering” defined.
116.067
“Ombudsman” defined.
116.069
“Party to the complaint” defined.
116.073
“Person” defined.
116.075
“Planned community” defined.
116.077
“Proprietary lease” defined.
116.079
“Purchaser” defined.
116.081
“Real estate” defined.
116.083
“Residential use” defined.
116.085
“Respondent” defined.
116.087
“Security interest” defined.
116.089
“Special declarant’s rights” defined.
116.091
“Time share” defined.
116.093
“Unit” defined.
116.095
“Unit’s owner” defined.
116.211
Exercise of developmental rights.
116.212
Master associations.
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.
116.320
Right of units’ owners to display flag of the United States or of the State of Nevada in certain areas; conditions and limitations on exercise of right.
116.325
Right of units’ owners to exhibit political signs in certain areas; conditions and limitations on exercise of right.
116.330
Right of units’ owners to install or maintain drought tolerant landscaping; conditions and limitations on exercise of right; installation of drought tolerant landscaping within common elements.
116.332
Right of units’ owners to store containers for collection of solid waste or recyclable materials; adoption of rules by association.
116.335
Association prohibited from requiring unit’s owner to obtain approval to rent or lease unit; exceptions.
116.340
Transient commercial use of units within certain planned communities.
116.345
Association of planned community prohibited from taking certain actions regarding property, buildings and structures within planned community; validity of existing restrictions.
116.350
Limitations regarding regulation of certain roads, streets, alleys or other thoroughfares; permissible regulation of parking or storage of certain vehicles.
116.411
Escrow of deposits; furnishing of bond in lieu of deposit.
116.412
Substantial completion of units.
116.600
Commission for Common-Interest Communities and Condominium Hotels: Creation; appointment and qualifications of members; terms of office; compensation.
116.0605
“Major component of the common elements” defined.
116.605
Commission for Common-Interest Communities and Condominium Hotels: Courses of instruction for members.
116.610
Commission for Common-Interest Communities and Condominium Hotels: Election of officers; meetings; quorum.
116.615
Administration of chapter; regulations of Commission and Real Estate Administrator; delegation of authority; publications.
116.620
Employment of personnel by Real Estate Division; duties of Attorney General; legal opinions by Attorney General.
116.623
Petitions for declaratory orders or advisory opinions: Regulations; scope; contents of petition; filing; period for response.
116.625
Ombudsman for Owners in Common-Interest Communities and Condominium Hotels: Creation of office; appointment; qualifications; powers and duties.
116.630
Account for Common-Interest Communities and Condominium Hotels: Creation; administration; sources; uses.
116.635
Immunity.
116.640
Service of notice and other information upon Commission.
116.643
Authority for Commission or Real Estate Administrator to adopt regulations requiring additional disclosures for sale of unit.
116.645
Authority for Real Estate Division to conduct business electronically; regulations; fees; use of unsworn declaration; exclusions.
116.660
Issuance and enforcement of subpoenas.
116.662
Witnesses: Payment of fees and mileage.
116.665
Conducting hearings and other proceedings; collection of information; development and promotion of educational guidelines; accreditation of programs of education and research.
116.670
Establishment of standards for subsidizing arbitration, mediation and educational programs; acceptance of gifts, grants and donations; agreements and cooperation with other entities.
116.675
Appointment of hearing panels; delegation of powers and duties; appeals to Commission.
116.680
Use of audio or video teleconference for hearings.
116.745
“Violation” defined.
116.750
Jurisdiction of Real Estate Division, Ombudsman, Commission and hearing panels.
116.755
Rights, remedies and penalties are cumulative and not exclusive; limitations on power of Commission and hearing panels regarding internal activities of association.
116.757
Confidentiality of records: Certain records relating to complaint or investigation deemed confidential; certain records relating to disciplinary action deemed public records.
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.
116.765
Referral of affidavit to Ombudsman for assistance in resolving alleged violation; report by Ombudsman; investigation by Real Estate Division; determination of whether to file complaint with Commission.
116.770
Procedure for hearing complaints: Time for holding hearing; continuances; notices; evidence; answers; defaults.
116.775
Representation by attorney.
116.780
Decisions on complaints.
116.785
Remedial and disciplinary action: Orders to cease and desist and to correct violations; administrative fines; removal from office or position; payment of costs; exemptions from liability.
116.790
Remedial and disciplinary action: Audit of association; requiring association to hire community manager who holds certificate; appointment of receiver.
116.795
Injunctions.
116.1104
Provisions of chapter may not be varied by agreement, waived or evaded; exceptions.
116.1105
Categorization of property in certain common-interest communities.
116.1106
Applicability of local ordinances, regulations and building codes.
116.1107
Eminent domain.
116.1108
Supplemental general principles of law applicable.
116.1109
Construction against implicit repeal; uniformity of application and construction.
116.1112
Unconscionable agreement or term of contract.
116.1113
Obligation of good faith.
116.1114
Remedies to be liberally administered.
116.1118
Relation to Electronic Signatures in Global and National Commerce Act.
116.1201
Applicability; regulations.
116.1203
Exception for small planned communities.
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.
116.1209
Other exempt real estate arrangements; other exempt covenants.
116.2101
Creation of common-interest communities.
116.2102
Unit boundaries.
116.2103
Construction and validity of declaration and bylaws.
116.2104
Description of units.
116.2105
Contents of declaration.
116.2106
Leasehold common-interest communities.
116.2107
Allocation of allocated interests.
116.2108
Limited common elements.
116.2109
Plats.
116.2111
Alterations of units; access to units.
116.2112
Relocation of boundaries between adjoining units.
116.2113
Subdivision of units.
116.2114
Monuments as boundaries.
116.2115
Use for purposes of sales.
116.2116
Easement rights; validity of existing restrictions.
116.2117
Amendment of declaration.
116.2118
Termination of common-interest community.
116.2119
Rights of secured lenders.
116.2121
Merger or consolidation of common-interest communities.
116.2122
Addition of unspecified real estate.
116.2124
Termination following catastrophe.
116.3101
Organization of unit-owners’ association.
116.3102
Powers of unit-owners’ association; limitations.
116.3103
Power of executive board to act on behalf of association; members and officers are fiduciaries; duty of care; application of business-judgment rule and conflict of interest rules; limitations on power.
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.
116.3108
Meetings of units’ owners of association; opening and counting of ballots for election of members of executive board required; frequency of meetings; calling special meetings; requirements concerning notice and agendas; requirements concerning minutes of meetings; right of units’ owners to make audio recordings of meetings.
116.3109
Quorum.
116.3111
Tort and contract liability.
116.3112
Conveyance or encumbrance of common elements.
116.3113
Insurance: General requirements.
116.3114
Surplus funds.
116.3115
Assessments for common expenses; funding of adequate reserves; collection of interest on past due assessments; calculation of assessments for particular types of common expenses; notice of meetings regarding assessments for capital improvements.
116.3116
Liens against units for assessments.
116.3117
Liens against association.
116.3118
Maintenance and availability of certain financial records necessary to provide information required for resale of units; right of units’ owners to inspect, examine, photocopy and audit records of association.
116.3119
Association as trustee.
116.4101
Applicability; exceptions.
116.4102
Liability for preparation and delivery of public offering statement.
116.4103
Public offering statement: General provisions.
116.4104
Public offering statement: Common-interest communities subject to developmental rights.
116.4105
Public offering statement: Time shares.
116.4106
Public offering statement: Common-interest community containing converted building.
116.4107
Public offering statement: Common-interest community registered with Securities and Exchange Commission or State of Nevada.
116.4108
Purchaser’s right to cancel.
116.4109
Resales of units.
116.4111
Release of liens.
116.4112
Converted buildings.
116.4113
Express warranties of quality.
116.4114
Implied warranties of quality.
116.4115
Exclusion or modification of warranties of quality.
116.4116
Statute of limitations for warranties.
116.4117
Effect of violations on rights of action; civil action for damages for failure or refusal to comply with provisions of chapter or governing documents; members of executive board not personally liable to victims of crimes; circumstances under which punitive damages may be awarded; attorney’s fees.
116.4118
Labeling of promotional material.
116.4119
Declarant’s obligation to complete and restore.
116.11045
Provisions of chapter do not invalidate or modify tariffs, rules and standards of public utility; consistency of governing documents.
116.11085
Provisions of chapter prevail over conflicting provisions governing certain business entities generally.
116.12065
Notice of changes to governing documents.
116.12075
Applicability to nonresidential condominiums.
116.21175
Procedure for seeking confirmation from district court of certain amendments to declaration.
116.21183
Rights of creditors following termination.
116.21185
Respective interests of units’ owners following termination.
116.21188
Effect of foreclosure or enforcement of lien or encumbrance.
116.21205
Reallocation of costs of administering common elements of certain master associations.
116.31031
Power of executive board to impose fines and other sanctions for violations of governing documents; limitations; procedural requirements; continuing violations; collection of past due fines; statement of balance owed.
116.31032
Period of declarant’s control of association; representation of units’ owners on executive board.
116.31034
Election of members of executive board and officers of association; term of office of member of executive board; staggered terms; eligibility to be candidate for or member of executive board or officer of association; required disclosures; procedure for conducting elections; certification by member of executive board of understanding of governing documents and provisions of chapter.
116.31035
Publications containing mention of candidate or ballot question: Requirements; limitations.
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.
116.31075
Meetings of rural agricultural residential common-interest communities: Compliance with Open Meeting Law.
116.31083
Meetings of executive board; frequency of meetings; notice of meetings; periodic review of certain financial and legal matters at meetings; requirements concerning minutes of meetings; right of units’ owners to make audio recordings of certain meetings.
116.31084
Voting by member of executive board; disclosures; abstention from voting on certain matters.
116.31085
Right of units’ owners to speak at certain meetings; limitations on right; limitations on power of executive board to meet in executive session; procedure governing hearings on alleged violations; requirements concerning minutes of certain meetings.
116.31086
Solicitation of bids for association project; bids to be opened and read aloud at meeting of executive board.
116.31087
Right of units’ owners to have certain complaints placed on agenda of meeting of executive board.
116.31088
Meetings regarding civil actions; requirements for commencing or ratifying certain civil actions; right of units’ owners to request dismissal of certain civil actions; disclosure of terms and conditions of settlements.
116.31105
Voting by delegates or representatives; limitations; procedure for electing delegates or representatives.
116.31107
Voting by units’ owners: Prohibited acts; penalty.
116.31133
Insurance: Policies; use of proceeds; certificates or memoranda of insurance.
116.31135
Insurance: Repair or replacement of damaged or destroyed portion of community.
116.31138
Insurance: Variance or waiver of provisions in community restricted to nonresidential use.
116.31142
Preparation and presentation of financial statements.
116.31144
Audit and review of financial statements.
116.31151
Annual distribution to units’ owners of operating and reserve budgets or summaries of such budgets and policy for collection of fees, fines, assessments or costs; ratification of budget.
116.31152
Study of reserves; duties of executive board regarding study; qualifications of person who conducts study; contents of study; submission of summary of study to Division; use of money credited against residential construction tax for upkeep of park facilities and related improvements identified in study.
116.31153
Signatures required for withdrawals of certain association funds; exceptions.
116.31155
Fees imposed on associations or master associations to pay for costs of administering Office of Ombudsman and Commission; administrative penalties for failure to pay; interest on unpaid fees; limitations on amount of fees and penalties; procedure to recover fees, penalties or interest imposed in error.
116.31158
Registration of associations with Ombudsman; contents of form for registration.
116.31162
Foreclosure of liens: Mailing or delivery of notice of delinquent assessment; recording of notice of default and election to sell; period during which unit’s owner may pay lien to avoid foreclosure; limitations on type of lien that may be foreclosed.
116.31163
Foreclosure of liens: Mailing of notice of default and election to sell to certain interested persons.
116.31164
Foreclosure of liens: Procedure for conducting sale; satisfaction of lien before sale; purchase of unit by association; execution and delivery of deed; use of proceeds of sale.
116.31166
Foreclosure of liens: Title vested in purchaser subject to right of redemption; sale does not extinguish first security interest if superior amount of lien is satisfied; certificate of sale; exercise of right of redemption; deed without warranty; effect of recitals in deed; bona fide purchasers and bona fide encumbrancers for value.
116.31168
Foreclosure of liens: Requests by interested persons for notice of default and election to sell or notice of sale.
116.31175
Maintenance and availability of books, records and other papers of association: General requirements; exceptions; general records concerning certain violations; enforcement by Ombudsman; limitations on amount that may be charged to conduct review.
116.31183
Retaliatory action prohibited; separate action by unit’s owner.
116.31184
Threats, harassment and other conduct prohibited; penalty.
116.31185
Prohibition against certain personnel soliciting or accepting compensation, gratuity or remuneration under certain circumstances.
116.31187
Prohibition against certain personnel contracting with association or accepting commission, personal profit or compensation from association; exceptions.
116.31189
Bribery of community manager or member of executive board; penalties; exceptions.
116.41035
Public offering statement: Limitations for certain small offerings.
116.41095
Required form of information statement.
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; notice of security interest and hearing; imposition of fines and costs; lien against unit; limitation on liability.
116.310313
Collection of past due obligation; charge of reasonable fee to collect.
116.310315
Accounting for fines imposed by association.
116.310395
Delivery to association of converted building reserve deficit.
116.311395
Funds of association to be deposited or invested at certain financial institutions.
116.311625
Foreclosure of liens: Limitations, requirements and procedures applicable to servicemembers and their dependents; penalty; liability; tolling.
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.