reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.355 - Exercise of developmental rights.

1. To exercise any developmental right reserved in the declaration, the declarant shall prepare, execute and record an amendment to the declaration. The declarant is the owner of any units thereby created. The amendment to the declaration must assign an identifying number to each new unit created and, except in the case of subdivision or conversion of units described in this section, reallocate the allocated interests and the allocated liability for shared expenses by the declarant or hotel unit owner among all units. The amendment must describe any common elements, limited common elements, shared components or portions of the hotel unit thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by NRS 116B.345.
2. Developmental rights may be reserved within any real estate added to the condominium hotel if the amendment adding that real estate includes all matters required by NRS 116B.330 or 116B.335, as the case may be. This provision does not extend the time limit on the exercise of developmental rights imposed by the declaration.
3. Whenever a declarant exercises a developmental right to subdivide or convert a unit or shared components previously created into additional units, common elements, shared components or additional portions of the hotel unit:
(a) If the declarant converts the unit or shared components entirely to common elements, the amendment to the declaration must convey it to the association or reallocate all the allocated interests and allocated liability for shared expenses of that unit among the other units as if that unit had been taken by eminent domain; and
(b) If the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests and shared expenses of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.
4. If the declarant converts a shared component into a residential unit, the amendment to the declaration must reallocate all the allocated interests and allocated liability for shared expenses to the residential units.
5. If the declaration provides that all or a portion of the real estate is subject to a right of withdrawal:
(a) If all the real estate is subject to withdrawal, and the declaration does not describe separate portions of real estate subject to that right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and
(b) If any portion is subject to withdrawal, it may not be withdrawn after a unit in that portion has been conveyed to a purchaser.
(Added to NRS by 2007, 2207)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.360 - Alterations of units; access to units.

Except as otherwise provided in this section and subject to the provisions of the declaration and other provisions of law, a residential unit owner:
1. May make any improvements or alterations to his or her residential unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium hotel; and
2. May not change the appearance of the common elements, the shared components, the hotel unit or the exterior appearance of a unit, building or any other portion of the condominium hotel.
(Added to NRS by 2007, 2208)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.365 - Monuments as boundaries.

The existing physical boundaries of a residential unit or a hotel unit are its legal boundaries, rather than the boundaries derived from the description contained in the original declaration, regardless of vertical or lateral movement of the building or minor variance between those boundaries and the boundaries derived from the description contained in the original declaration. This section does not relieve a unit’s owner of liability in case of his or her willful misconduct or relieve a declarant or any other person of liability for failure to adhere to any plats.
(Added to NRS by 2007, 2208; A 2009, 1620)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.370 - Relocation of boundaries between adjoining units.

Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the hotel unit owner by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests and allocation of shared expenses, the application must state the proposed reallocations. Unless the hotel unit owner determines within 90 days that the reallocations are unreasonable, the hotel unit owner shall prepare an amendment that identifies the units involved and states the reallocations. The amendment must be executed by those units’ owners, contain words of conveyance between them and, on recordation, be indexed in the name of the grantor and the grantee, and in the grantee’s index in the name of the association and the hotel unit owner.
(Added to NRS by 2007, 2209)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.375 - Subdivision of units.

1. If the declaration expressly so permits, a residential unit may be subdivided into two or more residential units upon receipt of consent from the hotel unit owner. Subject to the declaration and law other than this chapter, upon receipt of consent from the hotel unit owner to subdivide a residential unit, the association shall prepare, execute and record an amendment to the declaration, including the plats, subdividing the residential unit.
2. The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each residential unit created, and reallocate the allocated interests and allocated liability for shared expenses formerly allocated to the subdivided residential unit to the new residential units in any reasonable manner prescribed by the owner of the subdivided unit or on any other basis the declaration requires.
(Added to NRS by 2007, 2209; A 2015, 1220)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.380 - Amendment of declaration.

1. Provisions in an agreement to purchase a residential unit between a purchaser and a declarant which permit the declarant to amend or change the governing documents at any time before the close of escrow of a residential unit are enforceable.
2. Following the period of a declarant’s control of the association, with regard to an amendment that does not in any way affect the hotel unit or the shared components, the declaration may be amended by a majority of the total voting power in the association. The declaration may specify a larger number of votes necessary to amend the declaration.
3. Following the period of declarant’s control of the association, with regard to an amendment that in any way affects the hotel unit or the shared components, such an amendment is not effective without the prior written consent of the declarant or the hotel unit owner and the vote of a majority of the total voting power in the association. The declaration may specify a larger number of votes necessary to amend the declaration.
4. No action to challenge the validity of an amendment adopted pursuant to this section may be brought more than 1 year after the amendment is recorded.
5. Every amendment to the declaration must be recorded in every county in which any portion of the condominium hotel is located and is effective only upon recordation. An amendment must be indexed in the grantee’s index in the name of the condominium hotel and the association and in the grantor’s index in the name of the parties executing the amendment.
(Added to NRS by 2007, 2209)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.390 - Rights of creditors following termination.

1. Following termination of a condominium hotel, creditors of the association holding liens on the units, which were recorded before termination, may enforce those liens in the same manner as any lienholder. All other creditors of the association are to be treated as if they had perfected liens on the units immediately before termination.
2. Creditors of the association are not entitled to payment from any unit’s owner in excess of the amount of the creditor’s lien against that owner’s interest.
(Added to NRS by 2007, 2210)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.395 - Respective interests of units’ owners following termination.

The respective interests of units’ owners referred to in NRS 116B.385 and 116B.390 are as follows:
1. Except as otherwise provided in subsection 2, the respective interests of units’ owners are the fair market values of their units, allocated interests and any limited common elements immediately before the termination, as determined by one or more independent appraisers selected by the hotel unit owner and the association. The decision of the independent appraisers must be distributed to the units’ owners and becomes final unless disapproved within 30 days after distribution by units’ owners to whom 25 percent of the total number of votes in the association are allocated. The proportion of interest of any unit’s owner to that of all units’ owners is determined by dividing the fair market value of that unit and its allocated interests by the total fair market values of all the units and their allocated interests.
2. If any unit or any limited common element is destroyed to the extent that an appraisal of the fair market value thereto before destruction cannot be made, the interests of all units’ owners are their respective interests in the common elements immediately before the termination.
(Added to NRS by 2007, 2211)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.400 - Effect of foreclosure or enforcement of lien or encumbrance.

1. Except as otherwise provided in subsection 2, foreclosure or enforcement of a lien or encumbrance against the entire condominium hotel does not terminate, of itself, the condominium hotel, and foreclosure or enforcement of a lien or encumbrance against a portion of the condominium hotel, other than withdrawable real estate, does not withdraw that portion from the condominium hotel. Foreclosure or enforcement of a lien or encumbrance against withdrawable real estate does not withdraw, of itself, that real estate from the condominium hotel, but the person taking title thereto may require from the hotel unit owner, upon request, an amendment excluding the real estate from the condominium hotel.
2. If a lien or encumbrance against a portion of the real estate comprising the condominium hotel has priority over the declaration and the lien or encumbrance has not been partially released, the parties foreclosing the lien or encumbrance, upon foreclosure, may record an instrument excluding the real estate subject to that lien or encumbrance from the condominium hotel.
(Added to NRS by 2007, 2211)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.405 - Rights of secured lenders.

The declaration may require that all or a specified number or percentage of the lenders who hold security interests encumbering the units approve specified actions of the units’ owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to:
1. Deny or delegate control over the general administrative affairs of the association by the units’ owners or the executive board;
2. Prevent the association or the executive board from commencing, intervening in or settling any litigation or proceeding; or
3. Prevent any trustee or the association from receiving and distributing any proceeds of insurance except as otherwise provided in this chapter.
(Added to NRS by 2007, 2211)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.410 - Merger or consolidation of condominium hotels; reallocation of liability for shared expenses.

1. Any two or more condominium hotels, by agreement of the declarants or hotel unit owners and ratified by the associations as provided in subsection 2, may be merged or consolidated into a single condominium hotel. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium hotel is the legal successor, for all purposes, of all of the preexisting condominium hotels, and the operations and activities of all associations of the preexisting condominium hotels are merged or consolidated into a single association that holds all powers, rights, obligations, assets and liabilities of all preexisting associations.
2. An agreement of two or more condominium hotels to merge or consolidate pursuant to subsection 1 must be evidenced by an agreement prepared, executed, recorded and certified by the declarant or hotel unit owner, as applicable, of each of the preexisting condominium hotels. The agreement must be ratified in each condominium hotel by the percentage of votes required to terminate that condominium hotel. The agreement must be recorded in every county in which a portion of the condominium hotel is located and is not effective until recorded.
3. Every agreement for merger or consolidation must provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium hotel either by stating the reallocations or the formulas upon which they are based or by stating the percentage of overall allocated interests of the new condominium hotel which are allocated to all of the units comprising each of the preexisting condominium hotels, and providing that the portion of the percentages allocated to each unit formerly constituting a part of the preexisting condominium hotel must be equal to the percentages of allocated interests and shared expenses allocated to that unit by the declaration of the preexisting condominium hotel.
4. Every agreement for merger or consolidation must provide for the reallocation of the liability for shared expenses among the residential units of the resultant condominium hotel either by stating the reallocations or the formulas upon which they are based.
(Added to NRS by 2007, 2212)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.415 - Organization of unit-owners’ association.

1. A unit-owners’ association must be organized not later than the date the first residential unit in the condominium hotel is conveyed.
2. The membership of the association at all times consists exclusively of all units’ owners, including the hotel unit and any other units owned by the declarant or, following termination of the condominium hotel, of all owners of former units entitled to distributions of proceeds under the declaration, or their heirs, successors or assigns.
3. The association must:
(a) Be organized as a profit or nonprofit corporation, association, limited-liability company, trust, partnership or any other form of organization authorized by the laws of this State;
(b) Include in its articles of incorporation, articles of association, articles of organization, certificate of registration, certificate of limited partnership, certificate of trust or other documents of organization, or any amendment thereof, that the purpose of the corporation, association, limited-liability company, trust or partnership is to operate as an association pursuant to this chapter;
(c) Contain in its name the words "community association," "homeowners’ association" or "unit-owners’ association"; and
(d) Comply with the provisions of chapters 78, 81, 82, 86, 87, 87A, 88 and 88A of NRS when filing with the Secretary of State its articles of incorporation, articles of association, articles of organization, certificate of registration, certificate of limited partnership, certificate of trust or other documents of organization, or any amendment thereof.
4. Unless otherwise provided in the declaration, the association shall not have any ownership or control over the hotel unit or the shared components.
(Added to NRS by 2007, 2212; A 2015, 1222)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.420 - Powers of unit-owners’ association.

Subject to the provisions of the declaration, the association:
1. Shall adopt and, except as otherwise provided in the bylaws, may amend bylaws and may adopt and amend rules and regulations pertaining to the common elements. Unless otherwise provided in the declaration, bylaws, rules or regulations adopted by the association must not attempt to exercise any control over the hotel unit or the shared components.
2. Shall adopt and may amend budgets in accordance with the requirements set forth in NRS 116B.600, may collect assessments for common expenses from the units’ owners and may invest funds of the association in accordance with the requirements set forth in NRS 116B.577.
3. May hire and discharge managing agents and other employees, agents and independent contractors of the association.
4. May institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or two or more units’ owners on matters affecting the condominium hotel.
5. May make contracts and incur liabilities with regard to the common elements.
6. May regulate the use, maintenance, repair, replacement and modification of common elements.
7. May cause additional improvements to be made as a part of the common elements.
8. May acquire, hold, encumber and convey in its own name any right, title or interest to real estate or personal property, but common elements may be conveyed or subjected to a security interest only pursuant to NRS 116B.560.
9. May grant easements, leases, licenses and concessions through or over the common elements.
10. May impose and receive any payments, fees or charges for the use, rental or operation of the common elements.
11. May impose charges for late payment of assessments on common elements.
12. May impose reasonable fines for violations of the governing documents of the association only if the association complies with the requirements set forth in NRS 116B.430.
13. May provide for the indemnification of its officers and executive board and maintain directors’ and officers’ liability insurance.
14. May assign its right to future income, including the right to receive assessments for common expenses, but only to the extent the declaration expressly so provides.
15. May exercise any other powers conferred by the declaration or bylaws.
16. May exercise any other powers necessary and proper for the governance and operation of the association.
(Added to NRS by 2007, 2213; A 2015, 1222)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.425 - 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.

1. Except as otherwise provided in the declaration, the bylaws, this section or other provisions of this chapter, the executive board acts in all instances on behalf of the association. In the performance of their duties, the officers and members of the executive board are fiduciaries. Officers and members of the executive board:
(a) Are required to exercise the ordinary and reasonable care of officers and directors of a nonprofit corporation, subject to the business-judgment rule; and
(b) Are subject to conflict of interest rules governing the officers and directors of a nonprofit corporation organized under the laws of this State.
2. The executive board may not act to:
(a) Amend the declaration.
(b) Terminate the condominium hotel.
(c) Elect members of the executive board, but unless the governing documents provide that a vacancy on the executive board must be filled by a vote of the membership of the association, the executive board may fill vacancies in its membership for the unexpired portion of any term or until the next regularly scheduled election of executive board members, whichever is earlier. Any executive board member elected to a previously vacant position which was temporarily filled by board appointment may only be elected to fulfill the remainder of the unexpired portion of the term.
(d) Determine the qualifications, powers and duties or terms of office of members of the executive board.
3. The executive board shall adopt budgets as provided in NRS 116B.600.
(Added to NRS by 2007, 2213; A 2015, 1223)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.435 - Accounting for fines in books and records of association; prohibition against applying payment for assessment, fee or other charge toward payment of fine; exceptions.

If an association has imposed a fine against a residential unit owner or a tenant or guest of a residential unit owner pursuant to NRS 116B.430 for violations of the governing documents of the association, the association:
1. Shall, in the books and records of the association, account for the fine separately from any assessment, fee or other charge; and
2. Shall not apply, in whole or in part, any payment made by the residential unit owner for any assessment, fee or other charge toward the payment of the outstanding balance of the fine or any costs of collecting the fine, unless the residential unit owner provides written authorization which directs the association to apply the payment made by the unit’s owner in such a manner.
(Added to NRS by 2007, 2216)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.440 - Period of declarant’s control of association; representation of units’ owners on executive board.

1. Except as otherwise provided in this section, the declaration may provide for a period of declarant’s control of the association, during which a declarant, or persons designated by a declarant, may appoint and remove the officers of the association and members of the executive board. A declarant may voluntarily surrender the right to appoint and remove officers and members of the executive board before termination of that period and, in that event, the declarant may require, for the duration of the period of declarant’s control, that specified actions of the association or executive board, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective. Regardless of the period provided in the declaration, a period of declarant’s control terminates not later than the earliest of:
(a) Sixty days after conveyance of 75 percent of the residential units that may be created to residential unit owners other than a declarant;
(b) Five years after all declarants have ceased to offer residential units for sale in the ordinary course of business;
(c) Five years after any right to add new residential units was last exercised; or
(d) The day any declarant, after giving notice to units’ owners, records an instrument voluntarily surrendering all rights to control activities of the association.
2. Not later than 60 days after conveyance of 25 percent of the residential units that may be created to units’ owners other than a declarant, at least one member and not less than 25 percent of the members of the executive board must be elected by residential unit owners other than the declarant. Not later than 60 days after conveyance of 50 percent of the residential units that may be created to residential unit owners other than a declarant, not less than one-third of the members of the executive board must be elected by residential unit owners other than the declarant.
(Added to NRS by 2007, 2216; A 2015, 1226)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.460 - Delivery to association of additional common elements constructed by declarant or successor declarant.

1. If a condominium hotel is developed in separate phases and any declarant or successor declarant is constructing any common elements that will be added to the association’s common elements after the date on which the units’ owners other than the declarant may elect a majority of the members of the executive board, the declarant or its successors or assigns who is constructing such additional common elements is responsible for:
(a) Paying all expenses related to the additional common elements which are incurred before the conveyance of the additional common elements to the association; and
(b) Except as otherwise provided in NRS 116B.455, delivering to the association that declarant’s share of the amount specified in the study of the reserves completed pursuant to subsection 2.
2. Before conveying the additional common elements to the association, the declarant or successor declarant who constructed the additional common elements shall deliver to the association a study of the reserves for the additional common elements which satisfies the requirements of NRS 116B.605.
3. As used in this section, "successor declarant" includes, without limitation, any successor declarant who does not control the association established by the initial declarant.
(Added to NRS by 2007, 2220)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.465 - Delivery to association of converted shared component reserve deficit.

1. At the time of each close of escrow of a unit in a converted building, the declarant shall deliver to the hotel unit owner the amount of the converted shared component reserve deficit allocated to that unit.
2. The allocation to a unit of the amount of any converted shared component reserve deficit must be made in the same manner as liability for shared expenses is allocated to that unit.
3. As used in this section, "converted shared component reserve deficit" means the amount necessary to replace the major components of the shared components needing replacement within 10 years after the date of the first sale of a unit.
(Added to NRS by 2007, 2221)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.470 - Delivery to association of converted common element reserve deficit.

1. At the time of each close of escrow of a unit in a converted building, the declarant shall deliver to the association the amount of the converted common element reserve deficit allocated to that unit.
2. The allocation to a unit of the amount of any converted common element reserve deficit must be made in the same manner as assessments are allocated to that unit.
3. As used in this section, "converted common element reserve deficit" means the amount necessary to replace the major components of the common elements needing replacement within 10 years after the date of the first sale of a unit.
(Added to NRS by 2007, 2221)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.475 - Transfer of special declarant’s right.

1. A special declarant’s right created or reserved under this chapter may be transferred only by an instrument evidencing the transfer recorded in every county in which any portion of the condominium hotel is located. The instrument is not effective unless executed by the transferee.
2. Upon transfer of any special declarant’s right, the liability of a transferor declarant is as follows:
(a) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranties imposed upon the transferor by this chapter. Lack of privity does not deprive any unit’s owner of standing to maintain an action to enforce any obligation of the transferor.
(b) If a successor to any special declarant’s right is an affiliate of a declarant, the transferor is jointly and severally liable with the successor for any obligations or liabilities of the successor relating to the condominium hotel.
(c) If a transferor retains any special declarant’s rights, but transfers other special declarant’s rights to a successor who is not an affiliate of the declarant, the transferor is liable for any obligations or liabilities imposed on a declarant by this chapter or by the declaration relating to the retained special declarant’s rights and arising after the transfer.
(d) A transferor has no liability for any act or omission or any breach of a contractual obligation or warranty arising from the exercise of a special declarant’s right by a successor declarant who is not an affiliate of the transferor.
3. Unless otherwise provided in a mortgage, deed of trust or other agreement creating a security interest, in case of foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale or sale under the Bankruptcy Code or a receivership, of any units owned by a declarant or real estate in a condominium hotel subject to developmental rights, a person acquiring title to all the property being foreclosed or sold, but only upon the person’s request, succeeds to all special declarant’s rights related to that property held by that declarant, or only to any rights reserved in the declaration pursuant to this chapter and held by that declarant to maintain models, offices for sales and signs. The judgment or instrument conveying title must provide for transfer of only the special declarant’s rights requested.
4. Upon foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale or sale under the Bankruptcy Code or a receivership of all interests in a condominium hotel owned by a declarant:
(a) The declarant ceases to have any special declarant’s rights; and
(b) The period of declarant’s control terminates unless the judgment or instrument conveying title provides for transfer of all special declarant’s rights held by that declarant to a successor declarant.
(Added to NRS by 2007, 2221)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.480 - 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 condominium hotel was created;
(3) Breach of any fiduciary obligation by any previous declarant or his or her 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, 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 under subsection 3 of NRS 116B.475 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 116B.440 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 116B.440.
(Added to NRS by 2007, 2222)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.485 - Successor not subject to certain claims against or other obligations of transferor of special declarant’s right.

NRS 116B.475 and 116B.480 do not subject any successor to a special declarant’s right to any claims against or other obligations of a transferor declarant, other than claims and obligations arising under this chapter or the declaration.
(Added to NRS by 2007, 2223)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.490 - Bylaws.

1. The bylaws of the association must:
(a) Provide the number of members of the executive board and the titles of the officers of the association;
(b) Provide for election by the executive board of a president, treasurer, secretary and any other officers of the association the bylaws specify;
(c) Specify the qualifications, powers and duties, terms of office and manner of electing and removing officers of the association and members of the executive board and filling vacancies;
(d) Specify the powers the executive board or the officers of the association may delegate to other persons, including a community manager;
(e) Specify the officers who may prepare, execute, certify and record amendments to the declaration on behalf of the association;
(f) Provide procedural rules for conducting meetings of the association;
(g) Specify a method for the units’ owners to amend the bylaws;
(h) Provide procedural rules for conducting elections;
(i) Contain any provision necessary to satisfy the requirements of this chapter or the declaration concerning meetings, voting, quorums and other activities of the association; and
(j) Provide for any matter required by the laws of this State, other than this chapter, to appear in the bylaws of organizations of the same type as the association.
2. Except as otherwise provided in this chapter or the declaration, the bylaws may provide for any other necessary or appropriate matters, including, without limitation, matters that could be adopted as rules.
3. The bylaws must be written in plain English.
4. The bylaws must not attempt to exercise any control over the shared components or the hotel unit.
(Added to NRS by 2007, 2223; A 2015, 1228)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.495 - Rules of association.

The rules adopted by an association, if any:
1. Must be reasonably related to the duties of the association.
2. Must be sufficiently explicit in their prohibition, direction or limitation to inform a person of any action or omission required for compliance.
3. Must not be adopted to evade any obligation of the association.
4. Must be consistent with the governing documents of the association and must not arbitrarily restrict conduct or require the construction of any capital improvement by a unit’s owner that is not required by the governing documents of the association.
5. Must be uniformly enforced under the same or similar circumstances against all units’ owners. Any rule that is not so uniformly enforced may not be enforced against any unit’s owner.
6. May be enforced by the association through the imposition of a fine only if the association complies with the requirements set forth in NRS 116B.430 for levying fines.
7. Must not attempt to exercise any control over the shared components or the hotel unit.
(Added to NRS by 2007, 2223)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.500 - Rules of hotel unit owner.

1. The rules and regulations established by a hotel unit owner, if any:
(a) Must be reasonably related to the duties of the hotel unit owner.
(b) Must be sufficiently explicit in their prohibition, direction or limitation to inform a person of any action or omission required for compliance.
(c) Must not be adopted to evade any obligation of the hotel unit owner.
(d) Must be consistent with the governing documents of the association and must not arbitrarily restrict conduct or require the construction of any capital improvement by a unit’s owner that is not required by the governing documents of the association.
(e) Must be uniformly enforced under the same or similar circumstances against all units’ owners. Any rule that is not so uniformly enforced may not be enforced against any unit’s owner.
2. If the hotel unit owner adopts a policy to prohibit use of the shared components by residential unit owners for violation of reasonable rules and regulations as may be established by the hotel unit owner, the hotel unit owner or his or her designated agent shall prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit’s owner a copy of such policy and the rules and regulations.
(Added to NRS by 2007, 2205)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.505 - Limitation on power of hotel unit owner to impose sanctions for violations of rules; exception; procedural requirements.

1. A hotel unit owner may not prohibit use of the shared components pursuant to paragraph (d) of subsection 4 of NRS 116B.340 unless:
(a) Not less than 30 days before the violation, the residential unit owner against whom the prohibition will be imposed has been provided with written notice of the applicable provisions of the rules and regulations established by the hotel unit owner that form the basis of the violation; and
(b) Within 10 days after the hotel unit owner’s discovery of the violation, the residential unit owner against whom the prohibition will be imposed has been provided with:
(1) Written notice specifying the details of the violation; and
(2) A reasonable opportunity to contest the violation.
2. Within 10 days after receiving the written notice specifying the details of the violation, the residential unit owner may:
(a) Provide to the hotel unit owner any written information or any explanation relating to the violation; or
(b) Request a meeting with the hotel unit owner to present the information or explanation relating to the violation.
3. A meeting requested by a residential unit owner pursuant to subsection 2 must be held as soon as practicable, but not later than 30 days after the date on which the request for a meeting is received by the hotel unit owner. The meeting may be held in person, by telephone or by videoconferencing.
4. The provisions of this section establish the minimum procedural requirements that the hotel unit owner must follow before the hotel unit owner may prohibit use of the shared components by a residential unit owner. The provisions of this section do not preempt any provisions of the rules and regulations established by the hotel unit owner that provide greater procedural protections.
(Added to NRS by 2007, 2205; A 2015, 1228)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.510 - Complaint alleging violation by hotel unit owner; acknowledgment; response.

1. If the hotel unit owner receives a written complaint from a unit’s owner alleging that the hotel unit owner has violated any provision of the governing documents or any other provision of this chapter, the hotel unit owner shall, not later than 10 business days after the date on which the hotel unit owner received the complaint, acknowledge receipt of the complaint by notifying the unit’s owner of the receipt.
2. The hotel unit owner shall respond in writing to a complaint described in subsection 1 not later than 20 business days after the date on which the hotel unit owner received the complaint.
(Added to NRS by 2007, 2206)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.513 - Notice to units’ owners.

1. Except as otherwise provided in subsections 2, 3 and 6, an association or a hotel unit owner, as applicable, shall deliver any notice required to be given by the association or the hotel unit owner under this chapter to the electronic mail address a unit’s owner designates.
2. Except as otherwise provided in subsection 6, if a unit’s owner has opted out of receiving electronic notices, the association or hotel unit owner may deliver notices by:
(a) Hand delivery to the unit’s owner;
(b) Hand delivery, United States mail, postage paid, or commercially reasonable delivery service to the mailing address of the unit of the unit’s owner; or
(c) Any other method reasonably calculated to provide notice to the unit’s owner.
3. Except as otherwise provided in subsection 6, if a unit’s owner has not opted out of receiving electronic notices, but has not designated an electronic mail address at which to receive notices pursuant to this section, the association may deliver any notice required to be given by the association pursuant to this chapter by:
(a) Electronic means, including, without limitation, by electronic mail to an electronic mail address that a unit’s owner has provided to the association but has not designated as the electronic mail address at which to receive notices pursuant to this section; or
(b) Any of the methods specified in subsection 2.
4. A unit’s owner is entitled to designate only one electronic mail address at which to receive notices pursuant to this section.
5. The ineffectiveness of a good faith effort to deliver notice by an authorized means does not invalidate action taken at or without a meeting.
6. The provisions of this section do not apply:
(a) To a notice required to be given pursuant to NRS 116B.630 to 116B.665, inclusive; or
(b) If any other provision of this chapter specifies the manner in which a notice must be given by an association or hotel unit owner.
(Added to NRS by 2015, 1215; A 2023, 974)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.515 - Upkeep of condominium hotel.

1. Except to the extent provided by the declaration or this chapter, the association is responsible for maintenance, repair and replacement of the common elements, and each unit’s owner is responsible for maintenance, repair and replacement of his or her unit. Each unit’s owner shall afford to the association and the other units’ owners, and to their agents or employees, access through his or her unit reasonably necessary for those purposes. If damage is inflicted by a residential unit owner on the common elements, hotel unit or on any unit through which access is taken, the residential unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof.
2. Except to the extent provided by the declaration, the hotel unit owner is responsible for the maintenance, repair and replacement of the hotel unit and the shared components.
(Added to NRS by 2007, 2223)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.530 - 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.

1. Except as otherwise provided in this section, a unit’s owner may attend any meeting of the units’ owners or of the executive board and speak at any such meeting. The executive board may establish reasonable limitations on the time a unit’s owner may speak at such a meeting.
2. An executive board may not meet in executive session to enter into, renew, modify, terminate or take any other action regarding a contract, unless it is a contract between the association and an attorney.
3. An executive board may meet in executive session only to:
(a) Consult with the attorney for the association on matters relating to proposed or pending litigation if the contents of the discussion would otherwise be governed by the privilege set forth in NRS 49.035 to 49.115, inclusive, or to enter into, renew, modify, terminate or take any other action regarding a contract between the association and the attorney.
(b) Discuss the character, alleged misconduct, professional competence, or physical or mental health of a community manager or an employee of the association.
(c) Except as otherwise provided in subsection 4, discuss a violation of the governing documents, including, without limitation, the failure to pay an assessment.
4. An executive board shall meet in executive session to hold a hearing on an alleged violation of the governing documents unless the person who may be sanctioned for the alleged violation requests in writing that an open hearing be conducted by the executive board. If the person who may be sanctioned for the alleged violation requests in writing that an open hearing be conducted, the person:
(a) Is entitled to attend all portions of the hearing related to the alleged violation, including, without limitation, the presentation of evidence and the testimony of witnesses; and
(b) Is not entitled to attend the deliberations of the executive board.
5. Except as otherwise provided in this subsection, any matter discussed by the executive board when it meets in executive session must be generally noted in the minutes of the meeting of the executive board. The executive board shall maintain minutes of any decision made pursuant to subsection 4 concerning an alleged violation and, upon request, provide a copy of the decision to the person who was subject to being sanctioned at the hearing or to his or her designated representative.
6. Except as otherwise provided in subsection 4, a unit’s owner is not entitled to attend or speak at a meeting of the executive board held in executive session.
(Added to NRS by 2007, 2228)
2023 Nevada Revised Statutes › Chapter 116B - Condominium Hotel Act › NRS 116B.535 - Right of units’ owners to have certain complaints placed on agenda of meeting of executive board.

1. If an executive board receives a written complaint from a unit’s owner alleging that the executive board has violated any provision of this chapter or any provision of the governing documents of the association, the executive board shall, if action is required by the executive board, place the subject of the complaint on the agenda of the next regularly scheduled meeting of the executive board.
2. Not later than 10 business days after the date that the association receives such a complaint, the executive board or an authorized representative of the association shall acknowledge the receipt of the complaint and notify the unit’s owner that, if action is required by the executive board, the subject of the complaint will be placed on the agenda of the next regularly scheduled meeting of the executive board.
(Added to NRS by 2007, 2228)