reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.4102 - Liability for preparation and delivery of public offering statement.

1. Except as otherwise provided in subsection 2, a declarant, before offering any interest in a unit to the public, shall prepare a public offering statement conforming to the requirements of NRS 116.4103 to 116.4106, inclusive.
2. A declarant may transfer responsibility for the preparation of all or a part of the public offering statement to a successor declarant pursuant to NRS 116.3104 and 116.31043, or to a dealer who intends to offer units in the common-interest community. In the event of any such transfer, the transferor shall provide the transferee with any information necessary to enable the transferee to fulfill the requirements of subsection 1.
3. Any declarant or dealer who offers a unit to a purchaser shall deliver a public offering statement in the manner prescribed in subsection 1 of NRS 116.4108. The declarant or his or her transferee under subsection 2 is liable under NRS 116.4108 and 116.4117 for any false or misleading statement set forth therein or for any omission of a material fact therefrom with respect to that portion of the public offering statement which he or she prepared. If a declarant or dealer did not prepare any part of a public offering statement that he or she delivers, he or she is not liable for any false or misleading statement set forth therein or for any omission of a material fact therefrom unless he or she had actual knowledge of the statement or omission or, in the exercise of reasonable care, should have known of the statement or omission.
4. If a unit is part of a common-interest community and is part of any other real estate in connection with the sale of which the delivery of a public offering statement is required under the laws of this State, a single public offering statement conforming to the requirements of NRS 116.4103 to 116.4106, inclusive, as those requirements relate to the real estate in which the unit is located, and to any other requirements imposed under the laws of this State, may be prepared and delivered in lieu of providing two or more public offering statements. If the requirements of this chapter conflict with those of another law of this State, the requirements of this chapter prevail.
(Added to NRS by 1991, 571; A 1993, 2374; 2001, 2493)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.41035 - Public offering statement: Limitations for certain small offerings.

If a common-interest community composed of not more than 12 units is not subject to any developmental rights and no power is reserved to a declarant to make the common-interest community part of a larger common-interest community, group of common-interest communities or other real estate, a public offering statement may include the information otherwise required by paragraphs (h) and (k) of subsection 1 of NRS 116.4103.
(Added to NRS by 1991, 573; A 1993, 553, 2376; 2011, 2455)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.4104 - Public offering statement: Common-interest communities subject to developmental rights.

If the declaration provides that a common-interest community is subject to any developmental rights, the public offering statement must disclose, in addition to the information required by NRS 116.4103:
1. The maximum number of units that may be created;
2. A statement of how many or what percentage of the units that may be created will be restricted exclusively to residential use, or a statement that no representations are made regarding restrictions of use;
3. A statement of the extent to which any buildings or other improvements that may be erected pursuant to any developmental right in any part of the common-interest community will be compatible with existing buildings and improvements in the common-interest community in terms of architectural style, quality of construction, and size, or a statement that no assurances are made in those regards;
4. General descriptions of all other improvements that may be made and limited common elements that may be created within any part of the common-interest community pursuant to any developmental right reserved by the declarant, or a statement that no assurances are made in that regard;
5. A statement of any limitations as to the locations of any building or other improvement that may be constructed or made within any part of the common-interest community pursuant to any developmental right reserved by the declarant, or a statement that no assurances are made in that regard;
6. A statement that any limited common elements created pursuant to any developmental right reserved by the declarant will be of the same general types and sizes as the limited common elements within other parts of the common-interest community, or a statement of the types and sizes planned, or a statement that no assurances are made in that regard;
7. A statement that the proportion of limited common elements to units created pursuant to any developmental right reserved by the declarant will be approximately equal to the proportion existing within other parts of the common-interest community, or a statement of any other assurances in that regard, or a statement that no assurances are made in that regard;
8. A statement that all restrictions in the declaration affecting use, occupancy and alienation of units will apply to any units created pursuant to any developmental right reserved by the declarant, or a statement of any differentiations that may be made as to those units, or a statement that no assurances are made in that regard; and
9. A statement of the extent to which any assurances made pursuant to this section apply or do not apply if any developmental right is not exercised by the declarant.
(Added to NRS by 1991, 573)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.4105 - Public offering statement: Time shares.

If the declaration provides that ownership or occupancy of any units, is or may be in time shares, the public offering statement shall disclose, in addition to the information required by NRS 116.4103 and 116.41035:
1. The number and identity of units in which time shares may be created;
2. The total number of time shares that may be created;
3. The minimum duration of any time shares that may be created; and
4. The extent to which the creation of time shares will or may affect the enforceability of the association’s lien for assessments provided in NRS 116.3116 and 116.31162.
(Added to NRS by 1991, 574)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.4106 - Public offering statement: Common-interest community containing converted building.

1. The public offering statement of a common-interest community containing any converted building must contain, in addition to the information required by NRS 116.4103 and 116.41035:
(a) A statement by the declarant, based on a report prepared by an independent registered architect or licensed professional engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the building;
(b) A list of any outstanding notices of uncured violations of building codes or other municipal regulations, together with the estimated cost of curing those violations; and
(c) The budget to maintain the reserves required pursuant to paragraph (b) of subsection 2 of NRS 116.3115 which must include, without limitation:
(1) The current estimated replacement cost, estimated remaining life and estimated useful life of each major component of the common elements;
(2) As of the end of the fiscal year for which the budget was prepared, the current estimate of the amount of cash reserves that are necessary to repair, replace and restore the major components of the common elements and the current amount of accumulated cash reserves that are set aside for such repairs, replacements and restorations;
(3) A statement as to whether the declarant has determined or anticipates that the levy of one or more special assessments will be required within the next 10 years to repair, replace and restore any major component of the common elements or to provide adequate reserves for that purpose;
(4) A general statement describing the procedures used for the estimation and accumulation of cash reserves described in subparagraph (2), including, without limitation, the qualifications of the person responsible for the preparation of the study of reserves required pursuant to NRS 116.31152; and
(5) The funding plan that is designed to allocate the costs for the repair, replacement and restoration of the major components of the common elements over a period of years.
2. This section applies only to a common-interest community comprised of a converted building or buildings containing more than 12 units that may be occupied for residential use.
(Added to NRS by 1991, 574; A 1997, 1060; 2005, 2613)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.4107 - Public offering statement: Common-interest community registered with Securities and Exchange Commission or State of Nevada.

If an interest in a common-interest community is currently registered with the Securities and Exchange Commission of the United States or with the State of Nevada pursuant to chapter 119, 119A or 119B of NRS, a declarant satisfies all requirements of this chapter relating to the preparation of a public offering statement if the declarant delivers to the purchaser a copy of the public offering statement filed with the Securities and Exchange Commission or the appropriate Nevada regulatory authority. An interest in a common-interest community is not a security under the provisions of chapter 90 of NRS.
(Added to NRS by 1991, 574)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.4108 - Purchaser’s right to cancel.

1. A person required to deliver a public offering statement pursuant to subsection 3 of NRS 116.4102 shall provide a purchaser with a copy of the current public offering statement not later than the date on which an offer to purchase becomes binding on the purchaser. Unless the purchaser has personally inspected the unit, the purchaser may cancel, by written notice, the contract of purchase until midnight of the fifth calendar day following the date of execution of the contract, and the contract for purchase must contain a provision to that effect.
2. If a purchaser elects to cancel a contract pursuant to subsection 1, the purchaser may do so by hand delivering notice thereof to the offeror or by mailing notice thereof by prepaid United States mail to the offeror or to his or her agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly.
3. If a person required to deliver a public offering statement pursuant to subsection 3 of NRS 116.4102 fails to provide a purchaser to whom a unit is conveyed with a current public offering statement, the purchaser is entitled to actual damages, rescission or other relief, but if the purchaser has accepted a conveyance of the unit, the purchaser is not entitled to rescission.
(Added to NRS by 1991, 574; A 1993, 2376; 2003, 2247)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.411 - Escrow of deposits; furnishing of bond in lieu of deposit.

1. Except as otherwise provided in subsections 2, 3 and 4, a deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to subsection 3 of NRS 116.4102 must be placed in escrow and held either in this State or in the state where the unit is located in an account designated solely for that purpose by a licensed title insurance company, an independent bonded escrow company, or an institution whose accounts are insured by a governmental agency or instrumentality until:
(a) Delivered to the declarant at closing;
(b) Delivered to the declarant because of the purchaser’s default under a contract to purchase the unit;
(c) Released to the declarant for an additional item, improvement, optional item or alteration, but the amount so released:
(1) Must not exceed the lesser of the amount due the declarant from the purchaser at the time of the release or the amount expended by the declarant for the purpose; and
(2) Must be credited upon the purchase price; or
(d) Refunded to the purchaser.
2. A deposit or advance payment made for an additional item, improvement, optional item or alteration may be deposited in escrow or delivered directly to the declarant, as the parties may contract.
3. In lieu of placing a deposit in escrow pursuant to subsection 1, the declarant may furnish a bond executed by the declarant as principal and by a corporation qualified under the laws of this State as surety, payable to the State of Nevada, and conditioned upon the performance of the declarant’s duties concerning the purchase or reservation of a unit. Each bond must be in a principal sum equal to the amount of the deposit. The bond must be held until:
(a) Delivered to the declarant at closing;
(b) Delivered to the declarant because of the purchaser’s default under a contract to purchase the unit; or
(c) Released to the declarant for an additional item, improvement, optional item or alteration, but the amount so released must not exceed the amount due the declarant from the purchaser at the time of the release or the amount expended by the declarant for that purpose, whichever is less.
4. Pursuant to subsection 1, a deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to subsection 3 of NRS 116.4102 is deemed to be placed in escrow and held in this State when the escrow holder has:
(a) The legal right to conduct business in this State;
(b) A registered agent in this State pursuant to subsection 1 of NRS 14.020; and
(c) Consented to the jurisdiction of the courts of this State by:
(1) Maintaining a physical presence in this State; or
(2) Executing a written instrument containing such consent, with respect to any suit or claim, whether brought by the declarant or purchaser, relating to or arising in connection with such sale or the escrow agreement related thereto.
(Added to NRS by 1991, 575; A 1993, 2377; 1995, 1420; 2009, 2931)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.4111 - Release of liens.

1. In the case of a sale of a unit where delivery of a public offering statement is required pursuant to subsection 3 of NRS 116.4102, a seller:
(a) Before conveying a unit, shall record or furnish to the purchaser releases of all liens, except liens on real estate that a declarant has the right to withdraw from the common-interest community, that the purchaser does not expressly agree to take subject to or assume and that encumber:
(1) In a condominium, that unit and its interest in the common elements; and
(2) In a cooperative or planned community, that unit and any limited common elements assigned thereto; or
(b) Shall provide a surety bond against the lien as provided for liens on real estate in NRS 108.2413 to 108.2425, inclusive.
2. Before conveying real estate to the association, the declarant shall have that real estate released from:
(a) All liens the foreclosure of which would deprive units’ owners of any right of access to or easement of support of their units; and
(b) All other liens on that real estate unless the public offering statement describes certain real estate that may be conveyed subject to liens in specified amounts.
(Added to NRS by 1991, 575; A 2003, 2618)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.4113 - Express warranties of quality.

1. Express warranties made by any seller to a purchaser of a unit, if relied upon by the purchaser, are created as follows:
(a) Any affirmation of fact or promise that relates to the unit, its use or rights appurtenant thereto, improvements to the common-interest community that would directly benefit the unit or the right to use or have the benefit of facilities not located in the common-interest community creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise;
(b) Any model or description of the physical characteristics of the common-interest community, including plans and specifications of or for improvements, creates an express warranty that the common-interest community will reasonably conform to the model or description;
(c) Any description of the quantity or extent of the real estate comprising the common-interest community, including plats or surveys, creates an express warranty that the common-interest community will conform to the description, subject to customary tolerances; and
(d) A provision that a purchaser may put a unit only to a specified use is an express warranty that the specified use is lawful.
2. Neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty is necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.
3. Any conveyance of a unit transfers to the purchaser all express warranties of quality made by previous sellers.
4. A warranty created by this section may be excluded or modified by agreement of the parties.
(Added to NRS by 1991, 577; A 1993, 2770)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.4114 - Implied warranties of quality.

1. A declarant and any dealer warrant that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted.
2. A declarant and any dealer impliedly warrant that a unit and the common elements in the common-interest community are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by a declarant or dealer, or made by any person before the creation of the common-interest community, will be:
(a) Free from defective materials; and
(b) Constructed in accordance with applicable law, according to sound standards of engineering and construction, and in a workmanlike manner.
3. A declarant and any dealer warrant to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.
4. Warranties imposed by this section may be excluded or modified as specified in NRS 116.4115.
5. For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant.
6. Any conveyance of a unit transfers to the purchaser all of the declarant’s implied warranties of quality.
(Added to NRS by 1991, 577; A 2011, 2457)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.4115 - Exclusion or modification of warranties of quality.

1. Except as limited by subsection 2 with respect to a purchaser of a unit that may be used for residential use, implied warranties of quality:
(a) May be excluded or modified by agreement of the parties; and
(b) Are excluded by expression of disclaimer, such as "as is," "with all faults," or other language that in common understanding calls the purchaser’s attention to the exclusion of warranties.
2. With respect to a purchaser of a unit that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, but a declarant and any dealer may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain.
(Added to NRS by 1991, 578)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.4116 - Statute of limitations for warranties.

1. Unless a period of limitation is tolled under NRS 116.3111 or affected by subsection 4, a judicial proceeding for breach of any obligation arising under NRS 116.4113 or 116.4114 must be commenced within 6 years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than 2 years. With respect to a unit that may be occupied for residential use, an agreement to reduce the period of limitation must be evidenced by a separate instrument executed by the purchaser.
2. Subject to subsection 3, a cause of action for breach of warranty of quality, regardless of the purchaser’s lack of knowledge of the breach, accrues:
(a) As to a unit, at the time the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or at the time of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and
(b) As to each common element, at the time the common element is completed or, if later, as to:
(1) A common element that may be added to the common-interest community or portion thereof, at the time the first unit therein is conveyed to a bona fide purchaser; or
(2) A common element within any other portion of the common-interest community, at the time the first unit is conveyed to a purchaser in good faith.
3. If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the common-interest community, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.
4. During the period of declarant control, the association may authorize an independent committee of the executive board to evaluate and enforce any warranty claims involving the common elements, and to address those claims. Only members of the executive board elected by units’ owners other than the declarant and other persons appointed by those independent members may serve on the committee, and the committee’s decision must be free of any control by the declarant or any member of the executive board or officer appointed by the declarant. All costs reasonably incurred by the committee, including attorney’s fees, are common expenses, and must be added to the budget annually adopted by the association in accordance with the requirements of NRS 116.31151. If the committee is so created, the period of limitation for a warranty claim considered by the committee begins to run from the date of the first meeting of the committee.
(Added to NRS by 1991, 578; A 2011, 2457)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 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.

1. Subject to the requirements set forth in subsection 2, if a declarant, community manager or any other person subject to this chapter fails to comply with any of its provisions or any provision of the declaration or bylaws, any person or class of persons suffering actual damages from the failure to comply may bring a civil action for damages or other appropriate relief.
2. Subject to the requirements set forth in NRS 38.310 and except as otherwise provided in NRS 116.3111, a civil action for damages or other appropriate relief for a failure or refusal to comply with any provision of this chapter or the governing documents of an association may be brought:
(a) By the association against:
(1) A declarant;
(2) A community manager; or
(3) A unit’s owner.
(b) By a unit’s owner against:
(1) The association;
(2) A declarant; or
(3) Another unit’s owner of the association.
(c) By a class of units’ owners constituting at least 10 percent of the total number of voting members of the association against a community manager.
3. Members of the executive board are not personally liable to the victims of crimes occurring on the property.
4. Except as otherwise provided in subsection 5, punitive damages may be awarded for a willful and material failure to comply with any provision of this chapter if the failure is established by clear and convincing evidence.
5. Punitive damages may not be awarded against:
(a) The association;
(b) The members of the executive board for acts or omissions that occur in their official capacity as members of the executive board; or
(c) The officers of the association for acts or omissions that occur in their capacity as officers of the association.
6. The court may award reasonable attorney’s fees to the prevailing party.
7. The civil remedy provided by this section is in addition to, and not exclusive of, any other available remedy or penalty.
8. The provisions of this section do not prohibit the Commission from taking any disciplinary action against a member of an executive board pursuant to NRS 116.745 to 116.795, inclusive.
(Added to NRS by 1991, 578; A 1993, 2377; 1997, 3125; 2009, 2812, 2898; 2011, 2458)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.4118 - Labeling of promotional material.

No promotional material may be displayed or delivered to prospective purchasers which describes or portrays an improvement that is not in existence unless the description or portrayal of the improvement in the promotional material is conspicuously labeled or identified either as "MUST BE BUILT" or as "NEED NOT BE BUILT."
(Added to NRS by 1991, 579)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.4119 - Declarant’s obligation to complete and restore.

1. Except for improvements labeled "NEED NOT BE BUILT," the declarant shall complete all improvements depicted on any site plan or other graphic representation, including any plats or plans prepared pursuant to NRS 116.2109, whether or not that site plan or other graphic representation is contained in the public offering statement or in any promotional material distributed by or for the declarant.
2. The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the common-interest community, of any portion of the common-interest community affected by the exercise of rights reserved pursuant to or created by NRS 116.211 to 116.2113, inclusive, 116.2115 or 116.2116.
(Added to NRS by 1991, 579)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.412 - Substantial completion of units.

In the case of a sale of a unit in which delivery of a public offering statement is required, a contract of sale may be executed, but no interest in that unit may be conveyed, until the declaration is recorded and the unit is substantially completed, in accordance with local ordinances.
(Added to NRS by 1991, 579; A 1993, 2377)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.600 - Commission for Common-Interest Communities and Condominium Hotels: Creation; appointment and qualifications of members; terms of office; compensation.

1. The Commission for Common-Interest Communities and Condominium Hotels is hereby created.
2. The Commission consists of seven members appointed by the Governor. The Governor shall appoint to the Commission:
(a) One member who is a unit’s owner residing in a unit within this State and who has served as a member of an executive board in this State;
(b) Two members who are units’ owners, each of whom resides in a unit within this State, but who are not required to have served as members of an executive board;
(c) One member who is in the business of developing common-interest communities in this State;
(d) One member who holds a certificate;
(e) One member who is a certified public accountant certified to practice in this State pursuant to the provisions of chapter 628 of NRS; and
(f) One member who is an attorney licensed to practice in this State.
3. Each member of the Commission must be a resident of this State. At least four members of the Commission must be residents of a county whose population is 700,000 or more.
4. Each member of the Commission must have resided in a common-interest community or have been actively engaged in a business or profession related to common-interest communities for not less than 3 years immediately preceding the date of the member’s appointment.
5. After the initial terms, each member of the Commission serves a term of 3 years. Each member may serve not more than two consecutive full terms. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this section to replace the member for the remainder of the unexpired term.
6. While engaged in the business of the Commission, each member is entitled to receive:
(a) A salary of not more than $80 per day, as established by the Commission; and
(b) The per diem allowance and travel expenses provided for state officers and employees generally.
(Added to NRS by 2003, 2209; A 2005, 2619; 2007, 2272; 2009, 2899; 2011, 1146; 2017, 1319)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.605 - Commission for Common-Interest Communities and Condominium Hotels: Courses of instruction for members.

1. The Division shall employ one or more training officers who are qualified by training and experience to provide to each member of the Commission courses of instruction concerning rules of procedure and substantive law appropriate for members of the Commission. Such courses of instruction may be made available to the staff of the Division as well as to community managers.
2. The training officer shall:
(a) Prepare and make available a manual containing the policies and procedures to be followed by executive boards and community managers; and
(b) Perform any other duties as directed by the Division.
3. Each member of the Commission must attend the courses of instruction described in subsection 1 not later than 6 months after the date that the member is first appointed to the Commission.
(Added to NRS by 2003, 2209; A 2009, 2899)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.610 - Commission for Common-Interest Communities and Condominium Hotels: Election of officers; meetings; quorum.

1. At the first meeting of each fiscal year, the Commission shall elect from its members a Chair, a Vice Chair and a Secretary.
2. The Commission shall meet at least once each calendar quarter and at other times on the call of the Chair or a majority of its members.
3. A majority of the members of the Commission constitutes a quorum for the transaction of all business.
(Added to NRS by 2003, 2210)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.615 - Administration of chapter; regulations of Commission and Real Estate Administrator; delegation of authority; publications.

1. The provisions of this chapter must be administered by the Division, subject to the administrative supervision of the Director of the Department of Business and Industry.
2. The Commission and the Division may do all things necessary and convenient to carry out the provisions of this chapter, including, without limitation, prescribing such forms and adopting such procedures as are necessary to carry out the provisions of this chapter.
3. The Commission, or the Administrator with the approval of the Commission, may adopt such regulations as are necessary to carry out the provisions of this chapter.
4. The Commission may by regulation delegate any authority conferred upon it by the provisions of this chapter to the Administrator to be exercised pursuant to the regulations adopted by the Commission.
5. When regulations are proposed by the Administrator, in addition to other notices required by law, the Administrator shall provide copies of the proposed regulations to the Commission not later than 30 days before the next meeting of the Commission. The Commission shall approve, amend or disapprove any proposed regulations at that meeting.
6. All regulations adopted by the Commission, or adopted by the Administrator with the approval of the Commission, must be published by the Division, posted on its website and offered for sale at a reasonable fee.
(Added to NRS by 2003, 2210; A 2005, 2619)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.620 - Employment of personnel by Real Estate Division; designation of deputy attorney general by Attorney General; legal opinions and assistance by deputy attorney general.

1. Except as otherwise provided in this section and within the limits of legislative appropriations and any other money available for this purpose, the Division may employ experts, attorneys, investigators, consultants and other personnel as are necessary to carry out the provisions of this chapter. At least one person employed pursuant to this subsection or NRS 116B.810 must be a certified public accountant certified to practice in this State pursuant to the provisions of chapter 628 of NRS or have training, expertise and experience in performing audits.
2. The Attorney General shall designate one of his or her deputies to act as the attorney for the Division in all actions and proceedings brought against or by the Division pursuant to the provisions of this chapter. The deputy attorney general so designated must have legal experience and expertise in cases involving fraud or fiscal malfeasance.
3. The deputy attorney general designated pursuant to subsection 2 shall:
(a) Render to the Commission and the Division opinions upon all questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, that may be submitted to the deputy attorney general by the Commission or the Division.
(b) Assist the Ombudsman in performing his or her duties to assist in the resolution of affidavits filed pursuant to NRS 116.760 and to prepare reports required pursuant to NRS 116.765.
(Added to NRS by 2003, 2210; A 2015, 2784; 2019, 675)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.623 - Petitions for declaratory orders or advisory opinions: Regulations; scope; contents of petition; filing; period for response.

1. The Division shall provide by regulation for the filing and prompt disposition of petitions for declaratory orders and advisory opinions as to the applicability or interpretation of:
(a) Any provision of this chapter or chapter 116A or 116B of NRS;
(b) Any regulation adopted by the Commission, the Administrator or the Division; or
(c) Any decision of the Commission, the Administrator or the Division or any of its sections.
2. Declaratory orders disposing of petitions filed pursuant to this section have the same status as agency decisions.
3. A petition filed pursuant to this section must:
(a) Set forth the name and address of the petitioner; and
(b) Contain a clear and concise statement of the issues to be decided by the Division in its declaratory order or advisory opinion.
4. A petition filed pursuant to this section is submitted for consideration by the Division when it is filed with the Administrator.
5. The Division shall:
(a) Respond to a petition filed pursuant to this section within 60 days after the date on which the petition is submitted for consideration; and
(b) Upon issuing its declaratory order or advisory opinion, mail a copy of the declaratory order or advisory opinion to the petitioner.
(Added to NRS by 2009, 2876)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.625 - Ombudsman for Owners in Common-Interest Communities and Condominium Hotels: Creation of office; appointment; qualifications; powers and duties.

1. The Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels is hereby created within the Division.
2. The Administrator shall appoint the Ombudsman. The Ombudsman is in the unclassified service of the State.
3. The Ombudsman must be qualified by training and experience to perform the duties and functions of office.
4. In addition to any other duties set forth in this chapter, the Ombudsman shall:
(a) Assist in processing claims submitted to mediation or arbitration or referred to a program pursuant to NRS 38.300 to 38.360, inclusive;
(b) Assist owners in common-interest communities and condominium hotels to understand their rights and responsibilities as set forth in this chapter and chapter 116B of NRS and the governing documents of their associations, including, without limitation, publishing materials related to those rights and responsibilities;
(c) Assist members of executive boards and officers of associations to carry out their duties;
(d) When appropriate, investigate disputes involving the provisions of this chapter or chapter 116B of NRS or the governing documents of an association and assist in resolving such disputes; and
(e) Compile and maintain a registration of each association organized within the State which includes, without limitation, the following information:
(1) The name, address and telephone number of the association;
(2) The name of each community manager for the common-interest community or the association of a condominium hotel and the name of any other person who is authorized to manage the property at the site of the common-interest community or condominium hotel;
(3) The names, mailing addresses and telephone numbers of the members of the executive board of the association;
(4) The name of the declarant;
(5) The number of units in the common-interest community or condominium hotel;
(6) The total annual assessment made by the association;
(7) The number of foreclosures which were completed on units within the common-interest community or condominium hotel and which were based on liens for the failure of the unit’s owner to pay any assessments levied against the unit or any fines imposed against the unit’s owner; and
(8) Whether the study of the reserves of the association has been conducted pursuant to NRS 116.31152 or 116B.605 and, if so, the date on which it was completed.
(Added to NRS by 1997, 3112; A 1999, 2997; 2003, 1302, 2222; 2007, 2273; 2013, 2300)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.630 - Account for Common-Interest Communities and Condominium Hotels: Creation; administration; sources; uses.

1. There is hereby created the Account for Common-Interest Communities and Condominium Hotels in the State General Fund. The Account must be administered by the Administrator.
2. Except as otherwise provided in subsection 3, all money received by the Commission, a hearing panel or the Division pursuant to this chapter or chapter 116B of NRS, including, without limitation, the fees collected pursuant to NRS 116.31155 and 116B.620, must be deposited into the Account.
3. If the Commission imposes a fine or penalty, the Commission shall deposit the money collected from the imposition of the fine or penalty with the State Treasurer for credit to the State General Fund. If the money is so deposited, the Commission may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is required to pay attorney’s fees or the costs of an investigation, or both.
4. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
5. The money in the Account must be used solely to defray:
(a) The costs and expenses of the Commission and the Office of the Ombudsman;
(b) If authorized by the Commission or any regulations adopted by the Commission, the costs and expenses of subsidizing proceedings for mediation, arbitration and a program conducted pursuant to NRS 38.300 to 38.360, inclusive; and
(c) If authorized by the Legislature or by the Interim Finance Committee if the Legislature is not in session, the costs and expenses of administering the Division.
(Added to NRS by 1997, 3113; A 1999, 8, 2998; 2003, 2223; 2007, 2274; 2010, 26th Special Session, 79; 2013, 2301)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.635 - Immunity.

The Commission and its members, each hearing panel and its members, the Administrator, the Ombudsman, the Division, and the experts, attorneys, investigators, consultants and other personnel of the Commission and the Division are immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions of this chapter.
(Added to NRS by 2003, 2211)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.643 - Authority for Commission or Real Estate Administrator to adopt regulations requiring additional disclosures for sale of unit.

The Commission, or the Administrator with the approval of the Commission, may adopt regulations to require any additional disclosures in the case of a sale of a unit as it deems necessary.
(Added to NRS by 2009, 2908)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.645 - Authority for Real Estate Division to conduct business electronically; regulations; fees; use of unsworn declaration; exclusions.

1. The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.
2. In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 or NRS 53.250 to 53.390, inclusive, to satisfy the legal requirement.
3. The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division or the Commission.
(Added to NRS by 2003, 1301; A 2011, 15)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.660 - Issuance and enforcement of subpoenas.

1. To carry out the purposes of this chapter, the Commission, or any member thereof acting on behalf of the Commission or acting on behalf of a hearing panel, may issue subpoenas to compel the attendance of witnesses and the production of books, records and other papers.
2. If any person fails to comply with a subpoena issued by the Commission or any member thereof pursuant to this section within 20 days after the date of service of the subpoena, the Commission may petition the district court for an order of the court compelling compliance with the subpoena.
3. Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 20 days after the date of service of the order, and show cause why the person has not complied with the subpoena. A certified copy must be served upon the person subpoenaed.
4. If it appears to the court that the subpoena was regularly issued by the Commission or any member thereof pursuant to this section, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person shall be dealt with as for contempt of court.
(Added to NRS by 1999, 2996; A 2003, 2222)—(Substituted in revision for NRS 116.11145)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.662 - Witnesses: Payment of fees and mileage.

1. Each witness who is subpoenaed and appears at a hearing is entitled to receive for his or her attendance the same fees and mileage allowed by law to a witness in a civil case.
2. The fees and mileage for the witness:
(a) Must be paid by the party at whose request the witness is subpoenaed; or
(b) If the appearance of the witness is not requested by any party but the witness is subpoenaed at the request of the Commission or a hearing panel, must be paid by the Division.
(Added to NRS by 2005, 2586)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.665 - Conducting hearings and other proceedings; collection of information; development and promotion of educational guidelines; accreditation of programs of education and research.

1. The Commission shall conduct such hearings and other proceedings as are required by the provisions of this chapter.
2. The Commission shall collect and maintain or cause to be collected and maintained accurate information relating to:
(a) The number and kind of common-interest communities in this State;
(b) The effect of the provisions of this chapter and any regulations adopted pursuant thereto on the development and construction of common-interest communities, the residential lending market for units within common-interest communities and the operation and management of common-interest communities;
(c) Violations of the provisions of this chapter and any regulations adopted pursuant thereto;
(d) The accessibility and use of, and the costs related to, the arbitration, mediation and program procedures set forth in NRS 38.300 to 38.360, inclusive, and the decisions rendered and awards made pursuant to those procedures;
(e) The number of foreclosures which were completed on units within common-interest communities and which were based on liens for the failure of the unit’s owner to pay any assessments levied against the unit or any fines imposed against the unit’s owner;
(f) The study of the reserves required by NRS 116.31152; and
(g) Other issues that the Commission determines are of concern to units’ owners, associations, community managers, developers and other persons affected by common-interest communities.
3. The Commission shall develop and promote:
(a) Educational guidelines for conducting the elections of the members of an executive board, the meetings of an executive board and the meetings of the units’ owners of an association; and
(b) Educational guidelines for the enforcement of the governing documents of an association through liens, penalties and fines.
4. The Commission shall recommend and approve for accreditation programs of education and research relating to common-interest communities, including, without limitation:
(a) The management of common-interest communities;
(b) The sale and resale of units within common-interest communities;
(c) Alternative methods that may be used to resolve disputes relating to common-interest communities; and
(d) The enforcement, including by foreclosure, of liens on units within common-interest communities for the failure of the unit’s owner to pay any assessments levied against the unit or any fines imposed against the unit’s owner.
(Added to NRS by 2003, 2211; A 2013, 2301)