reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Unit-Owners' Associations › Section 116.415 - Contents of budget to maintain reserve

Current through June 11, 2024
An executive board shall, in addition to the requirements set
				  forth in paragraph (b) of subsection 1 of
				  NRS
				  116.31151, include in the budget to maintain
				  the reserve:
1. An estimate of the
				amount of reserve funds necessary in the projected fiscal year, based on
				industry standards, to complete the maintenance, repairs, replacement or
				restoration of the major components of the common elements and any other
				portion of the common-interest community that the association is obligated to
				maintain, repair, replace or restore as recommended in the most recent study of
				reserves conducted pursuant to
				NRS
				116.31152 or the most recently updated study
				of reserves that includes the information described in NAC
				116.425; and
2. If the projected balance of the reserve
				account at the end of the budgeted fiscal year is less than the amount required
				to adequately fund the reserves on a reasonable basis at the end of the
				budgeted fiscal year, as determined by the most recently conducted or updated
				study of reserves as described in subsection 1:
(a) The reason for the difference;
				and
(b) How this difference is
				proposed to be resolved by the executive board.
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Unit-Owners' Associations › Section 116.425 - Reserve study: Contents

Current through June 11, 2024
1. A reserve study
				must, in addition to the requirements set forth in
				NRS
				116.31152, include:
(a) A 30-year schedule which shows:
(1) The actual or projected beginning balance
				of the reserve fund;
(2) The
				projected increase in reserve contributions to the reserve fund, adjusted for
				inflation, that will be required in any given year to provide adequately funded
				reserves;
(3) The estimated
				interest income, net of projected federal income tax, earned in the reserve
				fund;
(4) The projected
				expenditures from the reserve fund; and
(5) The projected ending balance of the
				reserve fund;
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Unit-Owners' Associations › Section 116.427 - Reserve study: Commencement of period for conducting reserve study

Current through June 11, 2024
1. For the purposes of paragraph (a) of
				subsection 1 of NRS
				116.31152, the 5-year period for conducting a
				reserve study commences on the date on which the on-site inspection of the
				major components is performed and concludes upon the adoption of the reserve
				study by the executive board at a meeting conducted pursuant to
				NRS
				116.31083. For the purposes of this section,
				the adoption of the reserve study must take place before the culmination of 5
				years after the date that the executive board last adopted a full reserve study
				that includes the information described in NAC
				116.425.
2. After a full reserve study is conducted,
				the next full reserve study must be commenced on, or as close as practicable
				to, the same month and date that the previous on-site inspection of the major
				components was performed.
Added to
				  NAC by Comm'n for Common-Interest Communities & Condo. Hotels by
				  R050-13,
				  eff. 8/10/2015; A by
				  R129-21A,
				  eff. 12/29/2022
NRS 116.31152,
					 116.615
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Unit-Owners' Associations › Section 116.430 - Reserve study: Required disclosures

Current through June 11, 2024
A person conducting a reserve study and any consultant
				  assisting in the preparation of a reserve study shall include in the reserve
				  study the following disclosures:
1.
				The background, training, qualifications and references that would qualify the
				person conducting or assisting in the preparation of the reserve study as
				competent to conduct or assist in the preparation of the reserve
				study.
2. Any relationship which
				could result in actual or perceived conflicts of interest.
3. Whether the person conducting or assisting
				in the preparation of the reserve study is bonded or has professional liability
				insurance with a minimum coverage of $1,000,000.
4. The method or methods for determining the
				common area components based on:
(a) An
				actual on-site inspection of the common elements with representative
				sampling;
(b) An inventory and
				material information provided by the client;
(c) A previous reserve study and the date of
				that study; or
(d) Plats, governing
				documents or any other additional industry resources used by the person
				conducting or assisting in the preparation of the reserve study.
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Unit-Owners' Associations › Section 116.435 - Reserve study: Dissemination of summary of results

Current through June 11, 2024
The executive board or a person acting on behalf of the
				  executive board shall submit a summary of the reserve study to the Division
				  pursuant to subsection 4 of
				  NRS
				  116.31152 by filing, electronically if
				  possible, the summary on a form prescribed by the Division.
Added to NAC by Comm'n
				  for Common-Interest Communities by R129-04, eff. 4-14-2005; Added to NAC by
				  Comm'n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by
				  R050-13,
				  eff. 8/10/2015; A by
				  R050-13,
				  eff. 8/10/2015; A by
				  R129-21A,
				  eff. 12/29/2022
NRS 116.31152,
					 116.615
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Unit-Owners' Associations › Section 116.440 - Availability of records of association: "Regular working hours" interpreted

Current through June 11, 2024
As used in
				  NRS
				  116.31175, "regular working hours" means a
				  period of at least 4 consecutive hours per week.
Added to NAC by Comm'n
				  for Common-Interest Communities by R129-04, eff.
				  4-14-2005
NRS
					 116.31175,
					 116.615
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Unit-Owners' Associations › Section 116.445 - Annual fee required from certain associations for deposit in Account for Common-Interest Communities and Condominium Hotels

Current through June 11, 2024
On and after July 1, 2016, the amount of the fee that an
				  association is required to pay pursuant to
				  NRS
				  116.31155 is $4.25 for each unit in the
				  association.
(Added to NAC by Real
				  Estate Div. by R066-98, eff. 6-26-98)-(Substituted in revision for NAC 116.250
				  ); A by
				  R115-15,
				  eff. 6/28/2016; A by
				  R129-21A,
				  eff. 12/29/2022
NRS 116.31155
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Unit-Owners' Associations › Section 116.448 - Delivery by declarant of audited financial statements: Satisfaction of obligation

Current through June 11, 2024
The obligation of a declarant to deliver the audited
				  financial statements pursuant to subsection 2 of
				  NRS
				  116.31038 may be satisfied by the declarant
				  if, within 30 days after units' owners other than the declarant may elect a
				  majority of the members of the executive board, the declarant delivers to the
				  association:
1. All financial records
				of the association;
2. All records
				relating to audits that were completed during the period of the declarant's
				control, including, without limitation, applicable signed audit management and
				representation letters; and
3.
				Payment for the cost of the required ancillary audit for the ancillary period
				from the date of the last audit of the association to the date the period of
				the declarant's control ends, as required by subsection 2 of NRS
				NRS
				116.31038. The ancillary audit representation
				letter for the period described in this subsection must be signed by the
				declarant.
Added to NAC by Comm'n
				  for Common-Interest Communities & Condo. Hotels by R108-08, eff.
				  4-20-2010
NRS
					 116.31038,
					 116.615
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Unit-Owners' Associations › Section 116.451 - Preparation, contents and distribution of interim financial statements

Current through June 11, 2024
The interim financial statements of an association may be
				  prepared using fund accounting or a single-column presentation and must:
1. Present a balance sheet that reflects the
				operating funds, reserve funds for future repairs and replacements and any
				other funds of the association.
2.
				List the assets, liabilities and fund balances or members' equity if a
				single-column format is used.
3.
				Include, at a minimum, a month-to-date and year-to-date presentation of:
(a) The statement of revenues and expenses
				for all operating, reserve and other activities, presenting information about
				all assessments, revenues and expenses;
(b) A schedule comparing the details of the
				actual expenses of the association with the expenses budgeted for the
				association;
(c) Any changes in the
				fund balances to be presented on the balance sheet or statement of revenues and
				expenses; and
(d) A footnote or
				disclosure which states that the association is in compliance with paragraph
				(b) of subsection 2 of NRS
				NRS
				116.3115 and that reserve funds have not been
				used for daily maintenance.
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Unit-Owners' Associations › Section 116.453 - Presentation and contents of interim financial statements subject to audit or review

Current through June 11, 2024
The financial statements of an association subject to an
				  audit or review must be presented using fund accounting and must include, at a
				  minimum:
1. An operating fund which
				reflects the accounting transactions surrounding the normal maintenance and
				service operations of the association; and
2. A reserve fund which reflects the
				accounting transactions pertaining to the long-term, major repair and
				replacement requirements of the association and the restrictions of its use as
				described in paragraph (b) of subsection 2 of NRS
				NRS
				116.3115.
Added to NAC by Comm'n
				  for Common-Interest Communities by R205-05, eff.
				  9-18-2006
NRS
					 116.31142,
					 116.31144,
					 116.615
REVISER'S NOTE.
The regulation of the Commission for Common-Interest
					 Communities (now the Commission for Common-Interest Communities and Condominium
					 Hotels) filed with the Secretary of State on September 18, 2006 (LCB File No.
					 R205-05), the source of this section, contains the following provisions not
					 included in NAC:
"1. If an association has not previously caused the
					 financial statements of the association to be audited on an annual basis, the
					 association must cause the financial statements of the association to be
					 audited pursuant to NRS
					 NRS
					 116.31144 for the first fiscal year that
					 begins on or after July 1, 2006.
2. If an association which is required to cause the
					 financial statements of the association to be audited at least once every 4
					 years pursuant to NRS
					 NRS
					 116.31144 has caused the financial statements
					 of the association to be audited for the fiscal year immediately preceding the
					 first fiscal year that begins on or after July 1, 2006, the association is not
					 required to cause the financial statements of the association to be audited for
					 another 4 years."
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Unit-Owners' Associations › Section 116.457 - Preparation, contents and availability of audited financial statements; qualifications of auditor

Current through June 11, 2024
1. The audited
				financial statement of an association must:
(a) Include a full presentation of
				accrual-basis accounting prepared in accordance with generally accepted
				accounting principles which includes, at a minimum:
(1) A balance sheet for the operating fund
				and reserve fund, presenting assets, liabilities and fund balances;
(2) A statement of revenues and expenses for
				the operating fund and reserve fund which presents information about all
				assessments, revenues and expenses;
(3) A statement of changes in fund balances
				which reconciles beginning and ending fund balances with results of
				operations;
(4) A statement of cash
				flows;
(5) Any note disclosures as
				required by the standards followed pursuant to NAC
				116.410; and
(6) The following unaudited supplementary
				information:
(I) Any reserve disclosures as
				required by the standards followed pursuant to NAC
				116.410 and
				NRS
				116.31152; and
(II) An accompanying schedule which compares
				details of the actual expenses of the association to the budgeted amounts of
				the association.
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Unit-Owners' Associations › Section 116.459 - Inclusion of additional funds in financial statements

Current through June 11, 2024
The financial statements of an association described in NAC
				  116.451, 116.453 and 116.457 may provide for such other funds as the
				  association deems appropriate to report the transactions of separate business
				  activities, special assessments and contingency or other restricted
				  funds.
Added to NAC by Comm'n
				  for Common-Interest Communities by R205-05, eff.
				  9-18-2006
NRS
					 116.31142,
					 116.31144,
					 116.615
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Unit-Owners' Associations › Section 116.461 - Review of financial statements; qualifications of auditor

Current through June 11, 2024
1. The review of the financial statements of
				an association must be performed in accordance with the standards followed
				pursuant to NAC
				116.410. The financial statements
				must include a full presentation of accrual-basis accounting prepared pursuant
				to subsection 1 of NAC
				116.457. The supplementary
				information may be compiled or reviewed.
2. An auditor performing the annual review
				for an association must:
(a) Be a certified
				public accountant licensed pursuant to chapter 628 of NRS.
(b) Be independent of the association as set
				forth in the standards followed pursuant to NAC
				116.410.
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Unit-Owners' Associations › Section 116.465 - Fees for preparation of certificate for resale of unit (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n
				  for Common-Interest Communities by R205-05, eff. 9-18-2006; R by
				  R129-21A,
				  eff. 12/29/2022
NRS 116.615,
					 116A.200,
					 116B.805
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Receipt of Gifts, Incentives, Gratuities, Rewards or Other Items of Value › Section 116.480 - Restriction on and statements by members of executive boards and officers of associations

Current through June 11, 2024
1. No member of an
				executive board or officer of an association shall receive, in the aggregate,
				any gift, incentive, gratuity, reward or other item of value pursuant to
				subsection 2 of NRS
				NRS
				116.31185 in any calendar year which exceeds
				the sum of $100.
2. On or before
				the annual distribution to each unit's owner of the budgets of the association
				pursuant to subsection 1 of NRS
				NRS
				116.31151, each member of an executive board
				and officer of an association shall deliver to the executive board for
				inclusion in the annual distribution of the budgets a statement of any gifts,
				incentives, gratuities, rewards or other items of value which exceed $15
				received pursuant to subsection 2 of NRS
				NRS
				116.31185.
Added to NAC by Comm'n
				  for Common-Interest Communities by R205-05, eff.
				  9-18-2006
NRS
					 116.31185,
					 116.615
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Receipt of Gifts, Incentives, Gratuities, Rewards or Other Items of Value › Section 116.482 - Restriction on and statements by community managers and employees of community managers

Current through June 11, 2024
1. No community
				manager or employee of the community manager shall receive, in the aggregate,
				any gift, incentive, gratuity, reward or other item of value pursuant to
				subsection 2 of NRS
				NRS
				116.31185 in any calendar year which exceeds
				the sum of $500.
2. On or before
				the date of renewal of a license for a community manager, each community
				manager shall disclose to the Division, in the renewal form, a statement of any
				gifts, incentives, gratuities, rewards or other items of value which exceed $15
				received pursuant to subsection 2 of NRS
				NRS
				116.31185 during each of the years following
				the last renewal.
Added to NAC by Comm'n
				  for Common-Interest Communities by R205-05, eff.
				  9-18-2006
NRS
					 116.31185,
					 116.615
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Receipt of Gifts, Incentives, Gratuities, Rewards or Other Items of Value › Section 116.484 - Attendance of or participation in approved class

Current through June 11, 2024
1. As
				used in NRS
				NRS
				116.31185, the term "gifts, incentives,
				gratuities, rewards or other items of value" does not include:
(a) Any prepaid tuition for an approved class
				within the State for members of an executive board, officers of an association,
				community managers or employees of the community manager;
(b) The cost or value of an approved class
				that is offered free of charge; and
(c) The cost or value of any breakfast,
				lunch, snack or hot or cold nonalcoholic beverage provided at an approved class
				or during the breaks of an approved class.
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › MANAGEMENT OF COMMON-INTEREST COMMUNITIES › Receipt of Gifts, Incentives, Gratuities, Rewards or Other Items of Value › Section 116.486 - Compliance with statutory prohibition

Current through June 11, 2024
Nothing in NAC 116.480, 116.482 and 116.484 is to be
				  construed as permitting a member of an executive board, an officer of an
				  association, a community manager or an employee of the community manager to
				  solicit or accept any form of compensation, gratuity or other remuneration in
				  violation of the provisions of subsection 1 of
				  NRS
				  116.31185.
Added to NAC by Comm'n
				  for Common-Interest Communities by R205-05, eff.
				  9-18-2006
NRS
					 116.31185,
					 116.615
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › General Provisions › Section 116.500 - Public inspection of records maintained by Division

Current through June 11, 2024
Records kept in the office of the Division under authority
				  of this chapter are open to public inspection in the same manner as records are
				  available for inspection pursuant to chapters 645 of NRS and NAC, except that
				  the Division may refuse to make public, unless ordered to do so by a
				  court:
1. Examinations;
2. Files compiled by the Division while
				investigating possible violations of this chapter or chapter 116 of
				NRS;
3. The criminal and financial
				records of community managers and of applicants for a certificate or temporary
				certificate;
4. Social security
				numbers;
5. The home addresses and
				telephone numbers of community managers, unless such information is used for
				business purposes by a community manager; and
6. The home addresses and telephone numbers
				of members of the executive boards.
(Added to NAC by Real
				  Estate Comm'n by R136-99, eff. 4-3-2000; A by Comm'n for Common-Interest
				  Communities by R129-04, 4-14-2005; A by Comm'n for Common-Interest Communities
				  & Condo. Hotels by R165-09, 12-16-2010)-(Substituted in revision for NAC
				  116.390 )
NRS
					 116.615
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › General Provisions › Section 116.520 - Subsidization of proceedings for mediation

Current through June 11, 2024
1. The Division
				may subsidize proceedings for mediation conducted pursuant to NRS
				NRS 38.300 to
				38.360,
				inclusive, to the extent that funds are available in the Account for
				Common-Interest Communities and Condominium Hotels in the State General Fund
				for that purpose.
2. A party who
				wishes to have a proceeding for mediation subsidized must:
(a) Submit an application to the Division on
				a form prescribed by the Division;
(b) File a claim for mediation within 1 year
				after the date of discovery of the alleged violation; and
(c) If the applicant is an association, be
				registered and in good standing with:
(1) The
				Office of the Ombudsman for Owners in Common-Interest Communities and
				Condominium Hotels; and
(2) The
				Secretary of State, if the association is required to register with the
				Secretary of State pursuant to title 7 of NRS.
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › General Provisions › Section 116.525 - Duties of Ombudsman for Owners in Common-Interest Communities and Condominium Hotels: "Annual assessment" interpreted

Current through June 11, 2024
As used in
				  NRS
				  116.625, "annual assessment" means both the
				  per unit assessments and the total budget revenues for the
				  association.
Added to NAC by Comm'n
				  for Common-Interest Communities by R129-04, eff.
				  4-14-2005
NRS
					 116.615,
					 116.625
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.550 - Investigation and audit of financial accounts of association; remedial and disciplinary action

Current through June 11, 2024
1. The Division may
				investigate and audit all financial accounts related to an association if the
				Division has reasonable cause to believe that the accounts or records of the
				association have not been properly maintained and the Division determines that
				an audit is reasonably necessary to assist the Division in administering or
				enforcing any other provision of this chapter, chapter 116 of NRS or any other
				statute that the Division is charged with administering or enforcing.
2. The Commission may, after notice and
				hearing, take action pursuant to
				NRS
				116.785 if the Division finds that a person
				has committed a violation of this chapter or chapter 116 of NRS.
Added to NAC by Comm'n
				  for Common-Interest Communities by R129-04, eff. 4-14-2005; A by
				  R129-21A,
				  eff. 12/29/2022
NRS 116.615
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.553 - Hearing panels: Powers; qualifications of independent hearing officers

Current through June 11, 2024
1. A hearing panel appointed by the
				Commission has the power of the Commission to conduct hearings and other
				proceedings, determine violations, impose fines and penalties and take other
				disciplinary action authorized by the provisions of this chapter or chapter 116
				of NRS.
2. An independent hearing
				officer appointed to a hearing panel must be a licensed member, in good
				standing, of the State Bar of Nevada.
Added to NAC by Comm'n
				  for Common-Interest Communities by R142-06, eff.
				  12-7-2006
NRS
					 116.615,
					 116.675
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.555 - Informality of proceedings; rules of evidence

Current through June 11, 2024
1. In
				conducting any investigation, inquiry or hearing, the Commission and its
				members, each hearing panel and its members, and the employees of the Division
				are not bound by the technical rules of evidence, and any informality in a
				proceeding or in the manner of taking testimony does not invalidate any order,
				decision, rule or regulation made, approved or confirmed by the Commission or a
				hearing panel. The rules of evidence of courts of this State will be followed
				generally but may be relaxed at the discretion of the Commission or a hearing
				panel if deviation from the technical rules of evidence will aid in determining
				the facts.
2. Any evidence offered
				at a hearing must be material and relevant to the issues of the
				hearing.
3. The Commission or a
				hearing panel may exclude inadmissible, incompetent, repetitious or irrelevant
				evidence or order that presentation of that evidence be discontinued.
4. A party who objects to the introduction of
				evidence shall briefly state the grounds of the objection at the time the
				evidence is offered. The party who offers the evidence may present a rebuttal
				argument to the objection.
5. If an
				objection is made to the admissibility of evidence, the Commission or a hearing
				panel may:
(a) Note the objection and admit
				the evidence;
(b) Sustain the
				objection and refuse to admit the evidence; or
(c) Receive the evidence subject to a
				subsequent ruling by the Commission or a hearing panel.
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.557 - Prehearing conferences

Current through June 11, 2024
1. The Commission
				or a hearing panel may, upon its own motion or a motion made by a party of
				record, hold a prehearing conference to accomplish one or more of the following
				purposes:
(a) Formulate or simplify the
				issues involved in the hearing.
(b)
				Obtain admissions of fact or any stipulation of the parties.
(c) Arrange for the exchange of proposed
				exhibits or prepared expert testimony.
(d) Identify the witnesses and the subject
				matter of their expected testimony and limit the number of witnesses, if
				necessary.
(e) Rule on any pending
				prehearing motions or matters.
(f)
				Establish a schedule for the completion of discovery.
(g) Establish any other procedure that may
				expedite the orderly conduct and disposition of the proceedings or settlements
				thereof.
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.560 - Motions

Current through June 11, 2024
1. All motions, unless made during a hearing,
				must be in writing.
2. A written
				motion must be served on the opposing party and the Commission or a hearing
				panel at least 10 working days before the time set for the hearing on the
				motion.
3. An opposing party may
				file a written response to a motion within 7 working days after the receipt of
				the motion by serving the written response on all parties and the Commission or
				a hearing panel, except that a written response may be filed less than 3
				working days before the time set for the hearing on the motion only with the
				permission of the Commission or a hearing panel upon good cause
				shown.
4. The Commission or a
				hearing panel may require oral argument or the submission of additional
				information or evidence to decide the motion.
Added to NAC by Comm'n
				  for Common-Interest Communities by R129-04, eff.
				  4-14-2005
NRS
					 116.615,
					 116.675
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.565 - Amendment and withdrawal of complaints; continuances

Current through June 11, 2024
1. A
				complaint may be amended at any time.
2. The Commission or a hearing panel may
				grant a continuance if the amendment materially alters the complaint or a
				respondent demonstrates an inability to prepare for the case in a timely
				manner.
3. A complaint may be
				withdrawn at any time before the hearing begins.
Added to NAC by Comm'n
				  for Common-Interest Communities by R129-04, eff.
				  4-14-2005
NRS
					 116.615,
					 116.675
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.570 - Complaint or disciplinary hearing concerning provisional community manager

Current through June 11, 2024
1. The Division shall provide a copy of any
				complaint filed against, or a disciplinary hearing or other proceeding
				commenced against, a provisional community manager to the supervising community
				manager with whom the provisional community manager is associated.
2. The supervising community manager with
				whom the provisional community manager is associated shall attend any
				disciplinary hearing before the Commission or a hearing panel concerning that
				provisional community manager.
Added to NAC by Comm'n
				  for Common-Interest Communities by R129-04, eff.
				  4-14-2005
NRS
					 116.615,
					 116.675
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.575 - Responsibilities of respondent

Current through June 11, 2024
1. Not less than 5
				working days before a hearing before the Commission or a hearing panel, the
				respondent must provide to the Division:
(a) A
				copy of all documents that are reasonably available to the respondent which the
				respondent reasonably anticipates will be used in support of his or her
				position; and
(b) A list of
				witnesses whom the respondent intends to call at the time of the hearing, which
				must include for each witness:
(1) The name of
				the witness;
(2) The company for
				whom the witness works and the title of the witness; and
(3) A brief summary of the expected testimony
				of the witness.
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.580 - Failure of party to appear

Current through June 11, 2024
If a party fails to appear at a hearing scheduled by the
				  Commission or a hearing panel and a continuance has not been requested or
				  granted, upon an offer of proof by the other party that the absent party was
				  given proper notice and upon a determination by the Commission or a hearing
				  panel that proper notice was given, the Commission or a hearing panel may
				  proceed to consider the case without the participation of the absent party and
				  may dispose of the matter on the basis of the evidence before it. If a party
				  fails to appear at the hearing or fails to reply to the notice, the charges
				  specified in the complaint may be considered as true.
Added to NAC by Comm'n
				  for Common-Interest Communities by R129-04, eff.
				  4-14-2005
NRS
					 116.615,
					 116.675
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.585 - Procedure for hearings; date of decision

Current through June 11, 2024
1. The
				presiding officer of a hearing shall:
(a)
				Ascertain whether all persons commanded to appear under subpoena are present
				and whether all documents, books, records and other evidence under subpoena are
				present in the hearing room.
(b)
				Administer the oath to the reporter as follows:
Do you solemnly swear or affirm that you will report this
				  hearing to the best of your stenographic ability?
(c) Administer the oath to all persons whose
				testimony will be taken:
Do you and each of you solemnly swear or affirm to tell the
				  truth and nothing but the truth in these proceedings?
(d) Ascertain whether either party wishes to
				have a witness excluded from the hearing except during the testimony of the
				witness. A witness may be excluded upon the motion of the Commission or a
				hearing panel or upon the motion of either party. If a witness is excluded, he
				or she will be instructed not to discuss the case during the pendency of the
				proceeding. The respondent will be allowed to remain present at the hearing.
				The Division may designate a person who is a member of the staff of the
				Division and who may also be a witness to act as its representative. Such a
				representative will be allowed to remain present at the hearing.
(e) Ascertain whether a copy of the complaint
				or decision to deny has been filed and whether an answer has been filed as part
				of the record in the proceedings.
(f) Hear any preliminary motions,
				stipulations or orders upon which the parties agree and address any
				administrative details.
(g) Request
				the Division to proceed with the presentation of its case.
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.586 - Recess of hearing for conference

Current through June 11, 2024
In any hearing, the Commission or hearing panel may recess
				  the hearing for a conference in order to discuss matters relating to the
				  testimony about to be given by a witness or for any other purpose that may
				  expedite the orderly conduct and disposition of the proceedings or settlements
				  thereof. The Commission or hearing panel will state on the record the results
				  of such a conference.
Added to NAC by Comm'n
				  for Common-Interest Communities by R142-06, eff.
				  12-7-2006
NRS
					 116.615,
					 116.675
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.588 - Preparation and dissemination of final decision after hearing

Current through June 11, 2024
After a hearing, the Commission or hearing panel will, within
				  30 days:
1. Prepare findings of fact,
				conclusions of law and a final decision on the issues presented at the hearing;
				and
2. Provide a copy of the
				findings of fact, conclusions of law and final decision to the Division, which
				will then serve the parties of record and the Commission.
Added to NAC by Comm'n
				  for Common-Interest Communities by R142-06, eff.
				  12-7-2006
NRS
					 116.615,
					 116.675
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.600 - Appeal of final order of hearing panel; filing of briefs

Current through June 11, 2024
1. Pursuant to NRS
				NRS
				116.675, a final order of a hearing panel may
				be appealed and a review hearing held by the Commission. If a final order of a
				hearing panel is appealed, the order is stayed until the Commission issues its
				ruling, order or decision after the review hearing.
2. A written notice of appeal filed pursuant
				to NRS
				NRS
				116.675 must be accompanied by an appellant's
				brief which must describe the basis for the appeal, cite any supporting
				authorities and designate any part of the record which was before the hearing
				panel and is relevant to the appeal.
3. A respondent may file a respondent's brief
				within 20 days after service of the appellant's brief.
4. An appellant may then file a reply brief
				within 12 days after service of a respondent's brief. The reply brief may only
				respond to issues raised in a respondent's brief. Any issues raised for the
				first time which are contained in the reply brief will not be considered by the
				Commission.
5. The Division may
				file an amicus brief which describes the Division's position on any issue
				raised by a final order of a hearing panel. The Division's brief must be filed
				within 20 days after the filing of the appellant's brief.
Added to NAC by Comm'n
				  for Common-Interest Communities by R142-06, eff.
				  12-7-2006
NRS
					 116.615,
					 116.675
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.605 - Review hearings: Setting; notice

Current through June 11, 2024
1. After the date
				for the filing of a reply brief has passed, the Commission will set the matter
				for a review hearing to be conducted as soon as practicable.
2. The review hearing must be held at such
				time and place as the Commission prescribes. At least 15 days before the date
				set for the review hearing, the Commission will notify in writing each party of
				record of the date. Written notice of the review hearing may be served by
				delivery personally to each party or by mailing the notice by certified mail to
				the last known address of each party.
Added to NAC by Comm'n
				  for Common-Interest Communities by R142-06, eff.
				  12-7-2006
NRS
					 116.615,
					 116.675
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.610 - Review hearings: Oral argument

Current through June 11, 2024
1. The Commission
				may, in the written notice described in NAC 116.605, provide for oral argument
				at the review hearing. The written notice must state whether the oral argument
				is limited to a particular issue or inquiry.
2. Unless extended by the Commission, an oral
				argument will be limited to 10 minutes.
3. The Commission may allow the Division to
				participate as an amicus party at oral argument.
Added to NAC by Comm'n
				  for Common-Interest Communities by R142-06, eff.
				  12-7-2006
NRS
					 116.615,
					 116.675
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.615 - Review hearings: Issuance of written decision

Current through June 11, 2024
1. The
				Commission will render a written decision on any appeal within 30 days after
				the review hearing and will notify the parties to the proceedings, in writing,
				of its ruling, order or decision within 15 days after it is made.
2. The Commission may affirm, reverse or
				modify a decision of the hearing panel.
Added to NAC by Comm'n
				  for Common-Interest Communities by R142-06, eff.
				  12-7-2006
NRS, 116.675
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.617 - Posthearing motions; rehearing and reconsideration

Current through June 11, 2024
1. After the close of a hearing before the
				Commission, a party may file only the following motions:
(a) A motion for rehearing.
(b) A motion for reconsideration of the final
				decision of the Commission.
(c)
				With leave of the Commission, any other motion requesting action or relief
				after the close of the hearing.
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.620 - Review of final order of hearing panel not appealed by party

Current through June 11, 2024
1. If a final order of a hearing panel is not
				appealed to the Commission by a party and if:
(a) The Chair determines that the Commission
				should review the final order; or
(b) A member of the Commission makes a
				written or oral request to the Chair that the Commission review the final
				order, the Chair of the Commission shall, not later than 7 days after the date
				that a final order may be appealed by a party pursuant to NRS
				NRS
				116.675, direct the Division to provide
				written notice to all parties that the Commission will review the final order
				at the next meeting of the Commission.
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.625 - Payment of costs for transcript of hearing

Current through June 11, 2024
1.
				Except as otherwise provided in this section, a party which seeks a transcript
				of its hearing must pay the reasonable costs of transcription.
2. If the Commission determines that a
				transcript is reasonably necessary for a party for a review hearing, the
				Commission will pay the costs of transcription.
Added to NAC by Comm'n
				  for Common-Interest Communities by R142-06, eff.
				  12-7-2006
NRS
					 116.615,
					 116.675
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.630 - Request for hearing prohibited after initiation of civil action or submission for mediation or arbitration

Current through June 11, 2024
A party may not request a hearing before the Commission or a
				  hearing panel , or file a motion for rehearing before the Commission or for
				  reconsideration of the final decision of the Commission, if a civil action
				  based upon the same claim has already been initiated in any court in this State
				  or has already been submitted to mediation or arbitration pursuant to the
				  provisions of
				  NRS 38.300 to
				  38.360,
				  inclusive
Added to NAC by Comm'n
				  for Common-Interest Communities by R142-06, eff. 12-7-2006; Added to NAC by
				  Comm'n for Common-Interest Communities by R142-06, eff. 12-7-2006; A by
				  R052-13,
				  eff. 8/10/2015
NRS
					 116.615
Nevada Administrative Code › Chapter 116 - Common-Interest Ownership › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116.635 - Request for hearing prohibited for improper purpose

Current through June 11, 2024
A party shall not request a review hearing for any improper
				  purpose, such as to harass or to cause unnecessary delay or needless increase
				  in the cost of litigation.
Added to NAC by Comm'n
				  for Common-Interest Communities by R142-06, eff.
				  12-7-2006
NRS
					 116.615,
					 116.675
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › GENERAL PROVISIONS › Section 116A.005 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC 116A.015  to 116A.095, inclusive, have the
				meanings ascribed to them in those sections.
Added to NAC by Comm'n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008; A by R165-09, 12-16-2010;	A
				by
				R129-21A,
				eff. 12/29/2022
NRS 116A.200
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › GENERAL PROVISIONS › Section 116A.010 - "Administrator" defined (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008;	R
				by
				R129-21A,
				eff. 12/29/2022
NRS 116.615, 116A.200,
				  116B.805
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › GENERAL PROVISIONS › Section 116A.015 - "Association" defined

Current through June 11, 2024
"Association" has the meaning ascribed to it in NRS NRS NRS 116.011.
Added to NAC by Comm'n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008
NRS 116A.200
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › GENERAL PROVISIONS › Section 116A.020 - "Certificate" defined

Current through June 11, 2024
"Certificate" means a certificate, other than a temporary certificate, for the management of a common-interest community issued by the Division.
Added to NAC by Real Estate Comm'n by R058-98, 6-26-98, eff. 7-1-98; A by Comm'n for Common-Interest Communities by R129-04, 4-14-2005; A by Comm'n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010
NRS 116A.200
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › GENERAL PROVISIONS › Section 116A.025 - "Client" defined

Current through June 11, 2024
"Client" means an executive board that has entered into a management agreement with a community manager.
Added to NAC by Real Estate Comm'n by R136-99, eff. 4-3-2000; A by Comm'n for Common-Interest Communities by R129-04, 4-14-2005
NRS 116A.200
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › GENERAL PROVISIONS › Section 116A.030 - "Commission" defined (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008;	R
				by
				R129-21A,
				eff. 12/29/2022
NRS 116.615, 116A.200,
				  116B.805
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › GENERAL PROVISIONS › Section 116A.035 - "Community manager" defined

Current through June 11, 2024
"Community manager" means a person who holds a certificate or temporary certificate and who provides for or otherwise engages in the management of a common-interest community.
Added to NAC by Real Estate Comm'n by R136-99, eff. 4-3-2000; A by Comm'n for Common-Interest Communities by R129-04, 4-14-2005; R205-05, 9-18-2006; A by Comm'n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010
NRS 116A.200
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › GENERAL PROVISIONS › Section 116A.040 - "Distance education" defined

Current through June 11, 2024
"Distance education" means instruction which is delivered by means of video, computer, television, correspondence, the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the student receiving the instruction are separated by distance or by time, or by both distance and time.
Added to NAC by Comm'n for Common-Interest Communities by R129-04, eff. 4-14-2005-Substituted in revision for NAC 116.039
NRS 116A.200
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › GENERAL PROVISIONS › Section 116A.045 - "Division" defined (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008;	R
				by
				R129-21A,
				eff. 12/29/2022
NRS 116.615, 116A.200,
				  116B.805
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › GENERAL PROVISIONS › Section 116A.050 - "Executive board" defined

Current through June 11, 2024
"Executive board" has the meaning ascribed to it in NRS NRS NRS 116.045.
Added to NAC by Real Estate Comm'n by R136-99, eff. 4-3-2000; A by Comm'n for Common-Interest Communities by R129-04, 4-14-2005
NRS 116A.200
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › GENERAL PROVISIONS › Section 116A.055 - "Financial records" defined

Current through June 11, 2024
"Financial records" means the financial or transaction records necessary to support the financial statements of an association which include, without limitation, receipts, bank statements, income tax reports, reserve studies, budgets, contracts, minutes of executive board meetings, inventories, investments, expenses, disbursements, obligations, depreciation in property or equipment, contingent liabilities and any other records deemed necessary by the Division or by the accountants or auditors of an association.
Added to NAC by Comm'n for Common-Interest Communities by R205-05, eff. 9-18-2006
NRS 116A.200