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Condominium Hotel Act
Law
Nevada Revised Statutes
Condominium Hotel Act
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Section
116B.005
Short title.
Section
116B.010
Definitions.
Section
116B.015
"Administrator" defined.
Section
116B.020
"Affiliate of a declarant" defined.
Section
116B.025
"Allocated interests" defined.
Section
116B.030
"Association" and "unit-owners’ association" defined.
Section
116B.035
"Commission" defined.
Section
116B.040
"Common elements" defined.
Section
116B.045
"Common expenses" defined.
Section
116B.050
"Community manager" defined.
Section
116B.055
"Complaint" defined.
Section
116B.060
"Condominium hotel" defined.
Section
116B.065
"Converted building" defined.
Section
116B.070
"Dealer" defined.
Section
116B.075
"Declarant" defined.
Section
116B.080
"Declaration" defined.
Section
116B.085
"Developmental rights" defined.
Section
116B.090
"Dispose" and "disposition" defined.
Section
116B.095
"Division" defined.
Section
116B.100
"Executive board" defined.
Section
116B.105
"Financial statement" defined.
Section
116B.110
"Governing documents" defined.
Section
116B.115
"Hearing panel" defined.
Section
116B.120
"Hotel unit" defined.
Section
116B.125
"Hotel unit owner" defined.
Section
116B.130
"Identifying number" defined.
Section
116B.135
"Leasehold condominium hotel" defined.
Section
116B.140
"Liability for common expenses" defined.
Section
116B.145
"Liability for shared expenses" defined.
Section
116B.150
"Limited common element" defined.
Section
116B.155
"Major component of the common elements" defined.
Section
116B.160
"Major component of the hotel unit" defined.
Section
116B.165
"Major component of the shared components" defined.
Section
116B.170
"Offering" defined.
Section
116B.175
"Ombudsman" defined.
Section
116B.180
"Party to the complaint" defined.
Section
116B.185
"Person" defined.
Section
116B.190
"Purchaser" defined.
Section
116B.195
"Real estate" defined.
Section
116B.200
"Residential unit" defined.
Section
116B.205
"Residential unit owner" defined.
Section
116B.210
"Security interest" defined.
Section
116B.215
"Shared components" defined.
Section
116B.220
"Shared expenses" defined.
Section
116B.225
"Special declarant’s rights" defined.
Section
116B.230
"Time share" defined.
Section
116B.235
"Unit" defined.
Section
116B.240
"Unit’s owner" defined.
Section
116B.245
Provisions of chapter may not be varied by agreement, waived or evaded; exceptions.
Section
116B.250
Applicability of local ordinances, regulations and building codes.
Section
116B.255
Eminent domain.
Section
116B.260
Supplemental general principles of law applicable.
Section
116B.265
Provisions of chapter prevail over conflicting provisions governing certain business entities generally.
Section
116B.270
Construction against implicit repeal.
Section
116B.275
Unconscionable agreement or term of contract.
Section
116B.280
Obligation of good faith.
Section
116B.285
Remedies to be liberally administered.
Section
116B.287
Relation to Electronic Signatures in Global and National Commerce Act.
Section
116B.290
Applicability.
Section
116B.295
Provisions of governing documents in violation of chapter deemed to conform with chapter by operation of law.
Section
116B.300
Notice of changes to governing documents.
Section
116B.305
Creation of condominium hotels.
Section
116B.310
Hotel unit boundaries.
Section
116B.315
Control of hotel units; use of shared components.
Section
116B.320
Construction and validity of declaration and bylaws.
Section
116B.325
Description of units.
Section
116B.330
Contents of declaration.
Section
116B.335
Leasehold condominium hotels.
Section
116B.340
Allocation of allocated interests.
Section
116B.345
Limited common elements.
Section
116B.350
Plats.
Section
116B.355
Exercise of developmental rights.
Section
116B.360
Alterations of units; access to units.
Section
116B.365
Monuments as boundaries.
Section
116B.370
Relocation of boundaries between adjoining units.
Section
116B.375
Subdivision of units.
Section
116B.380
Amendment of declaration.
Section
116B.385
Termination of condominium hotel.
Section
116B.390
Rights of creditors following termination.
Section
116B.395
Respective interests of units’ owners following termination.
Section
116B.400
Effect of foreclosure or enforcement of lien or encumbrance.
Section
116B.405
Rights of secured lenders.
Section
116B.410
Merger or consolidation of condominium hotels; reallocation of liability for shared expenses.
Section
116B.415
Organization of unit-owners’ association.
Section
116B.420
Powers of unit-owners’ association.
Section
116B.425
Power of executive board to act on behalf of association; members and officers are fiduciaries; duty of care; application of business-judgment rule and conflict of interest rules; limitations on power.
Section
116B.430
Power of executive board to impose fines and other sanctions for violations of governing documents; procedural requirements; continuing violations; collection of past due fines.
Section
116B.435
Accounting for fines in books and records of association; prohibition against applying payment for assessment, fee or other charge toward payment of fine; exceptions.
Section
116B.440
Period of declarant’s control of association; representation of units’ owners on executive board.
Section
116B.445
Election of members of executive board and officers of association; term of office of member of executive board; staggered terms; eligibility to serve on executive board; required disclosures; procedure for conducting elections; certification by member of executive board of understanding of governing documents and provisions of chapter.
Section
116B.450
Removal of member of executive board.
Section
116B.455
Delivery to association of property held or controlled by declarant; exceptions.
Section
116B.460
Delivery to association of additional common elements constructed by declarant or successor declarant.
Section
116B.465
Delivery to association of converted shared component reserve deficit.
Section
116B.470
Delivery to association of converted common element reserve deficit.
Section
116B.475
Transfer of special declarant’s right.
Section
116B.480
Liabilities and obligations of person who succeeds to special declarant’s rights.
Section
116B.485
Successor not subject to certain claims against or other obligations of transferor of special declarant’s right.
Section
116B.490
Bylaws.
Section
116B.495
Rules of association.
Section
116B.500
Rules of hotel unit owner.
Section
116B.505
Limitation on power of hotel unit owner to impose sanctions for violations of rules; exception; procedural requirements.
Section
116B.510
Complaint alleging violation by hotel unit owner; acknowledgment; response.
Section
116B.513
Notice to units’ owners.
Section
116B.515
Upkeep of condominium hotel.
Section
116B.520
Meetings of units’ owners; frequency of meetings; calling special meetings or removal elections; requirements concerning notice and agendas; requirements concerning minutes of meetings; right of units’ owners to make audio recordings of meetings; presentation of written report concerning budgets for shared expenses.
Section
116B.525
Meetings of executive board; frequency of meetings; requirements concerning notice and agendas; periodic review of certain financial and legal matters at meetings; requirements concerning minutes of meetings; right of units’ owners to make audio recordings of certain meetings.
Section
116B.530
Right of units’ owners to speak at certain meetings; limitations on right; limitations on power of executive board to meet in executive session; procedure governing hearings on alleged violations; requirements concerning minutes of certain meetings.
Section
116B.535
Right of units’ owners to have certain complaints placed on agenda of meeting of executive board.
Section
116B.540
Meetings regarding civil actions; requirements for commencing or ratifying certain civil actions; right of units’ owners to request dismissal of certain civil actions; disclosure of terms and conditions of settlements.
Section
116B.545
Quorum; use of Robert’s Rules of Order Newly Revised.
Section
116B.550
Voting by units’ owners; use of proxies; voting by lessees of leased units; association prohibited from voting as owner of unit; voting without meeting.
Section
116B.555
Tort and contract liability.
Section
116B.560
Conveyance or encumbrance of common elements.
Section
116B.565
Insurance: General requirements.
Section
116B.570
Insurance: Policies.
Section
116B.575
Insurance: Repair or replacement of damaged or destroyed portion of condominium hotel.
Section
116B.577
Funds of association to be deposited or invested at certain financial institutions.
Section
116B.580
Preparation and presentation of financial statements.
Section
116B.585
Audit and review of financial statements.
Section
116B.590
Assessments for common expenses; funding of adequate reserves; collection of interest on past due assessments; calculation of assessments for particular types of common expenses; notice of meetings regarding assessments for capital improvements.
Section
116B.595
Assessments for shared expenses; funding of adequate reserves; collection of interest on past due assessments; payer of shared expenses not entitled to ownership or control; delivery of budget for projected shared expenses.
Section
116B.600
Annual distribution to units’ owners of operating and reserve budgets or summaries of such budgets; ratification of budget.
Section
116B.605
Study of reserves for common elements; duties of executive board regarding study; person who conducts study required to be registered; contents of study; submission of summary of study to Division.
Section
116B.610
Study of reserves for shared components and hotel unit; duties of hotel unit owner regarding study; person who conducts study required to be registered; contents of study.
Section
116B.615
Signatures required for withdrawals from reserve account of association.
Section
116B.620
Fees imposed on associations to pay for costs of administering Office of Ombudsman and Commission; administrative penalties for failure to pay; interest on unpaid fees.
Section
116B.625
Registration of associations with Ombudsman.
Section
116B.630
Liens against units for assessments.
Section
116B.635
Foreclosure of liens: Mailing of notice of delinquent assessment; recording of notice of default and election to sell; period during which unit’s owner may pay lien to avoid foreclosure; limitations on type of lien that may be foreclosed.
Section
116B.640
Foreclosure of liens: Mailing of notice of default and election to sell to certain interested persons.
Section
116B.645
Foreclosure of liens: Providing notice of time and place of sale; service of notice of sale; contents of notice of sale; proof of service.
Section
116B.650
Foreclosure of liens: Procedure for conducting sale; purchase of unit by association or hotel unit owner; execution and delivery of deed; use of proceeds of sale.
Section
116B.655
Foreclosure of liens: Effect of recitals in deed; purchaser not responsible for proper application of purchase money; title vested in purchaser without equity or right of redemption.
Section
116B.660
Foreclosure of liens: Requests by interested persons for notice of default and election to sell; right of association or hotel unit owner to waive default and withdraw notice or proceeding to foreclose.
Section
116B.665
Liens against association.
Section
116B.670
Maintenance and availability of books, records and other papers of association: General requirements; provision of copies to units’ owners and Ombudsman; exceptions; general records concerning certain violations; enforcement by Ombudsman; limitations on amount that may be charged to conduct review.
Section
116B.675
Maintenance and availability of certain financial records of association; provision of copies to units’ owners and Ombudsman.
Section
116B.680
Maintenance and availability of financial records of association; right of units’ owners to inspect, examine, photocopy and audit records of association.
Section
116B.685
Maintenance, availability and review of certain financial books and records of hotel unit.
Section
116B.690
Retaliatory action prohibited.
Section
116B.695
Prohibition against certain personnel soliciting or accepting compensation, gratuity or remuneration under certain circumstances.
Section
116B.700
Prohibition against certain personnel contracting with association or accepting commission, personal profit or compensation from association; exceptions.
Section
116B.705
Association as trustee.
Section
116B.710
Right of units’ owners to display flag of the United States in certain areas; conditions and limitations on exercise of right.
Section
116B.715
Right of units’ owners to exhibit political signs in certain areas; conditions and limitations on exercise of right.
Section
116B.720
Association prohibited from requiring unit’s owner to obtain approval to rent or lease unit; exceptions.
Section
116B.725
Applicability; exceptions.
Section
116B.730
Liability for preparation and delivery of public offering statement.
Section
116B.735
Public offering statement: General provisions.
Section
116B.740
Public offering statement: Condominium hotels subject to developmental rights.
Section
116B.745
Public offering statement: Condominium hotel containing converted building.
Section
116B.750
Public offering statement: Condominium hotel registered with Securities and Exchange Commission or State of Nevada.
Section
116B.755
Purchaser’s right to cancel.
Section
116B.760
Resales of units.
Section
116B.765
Required form of information statement.
Section
116B.770
Escrow of deposits; furnishing of bond in lieu of deposit.
Section
116B.775
Release of liens.
Section
116B.780
Exclusion or modification of warranties of quality.
Section
116B.785
Power of Commission to adopt regulations concerning additional disclosures.
Section
116B.790
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.
Section
116B.795
Substantial completion of units.
Section
116B.800
Jurisdiction.
Section
116B.805
Administration of chapter; regulations of Commission and Real Estate Administrator; delegation of authority; publications.
Section
116B.810
Employment of personnel by Real Estate Division; designation of deputy attorney general by Attorney General; legal opinions and assistance by deputy attorney general.
Section
116B.815
Ombudsman for Owners in Common-Interest Communities and Condominium Hotels: Powers and duties.
Section
116B.820
Immunity.
Section
116B.825
Service of notice and other information upon Commission.
Section
116B.830
Authority for Real Estate Division to conduct business electronically; regulations; fees; use of unsworn declaration; exclusions.
Section
116B.835
Issuance and enforcement of subpoenas.
Section
116B.840
Witnesses: Payment of fees and mileage.
Section
116B.845
Conducting hearings and other proceedings; collection of information; development and promotion of educational guidelines; accreditation of programs of education and research.
Section
116B.850
Establishment of standards for subsidizing proceedings for mediation, arbitration and program and for subsidizing educational programs; acceptance of gifts, grants and donations; agreements and cooperation with other entities.
Section
116B.855
Appointment of hearing panels; delegation of powers and duties; appeals to Commission.
Section
116B.860
Use of audio or video teleconference for hearings.
Section
116B.865
"Violation" defined.
Section
116B.870
Jurisdiction of Real Estate Division, Ombudsman, Commission and hearing panels.
Section
116B.875
Rights, remedies and penalties are cumulative and not exclusive; limitations on power of Commission and hearing panels regarding internal activities of association.
Section
116B.880
Confidentiality of records: Certain records relating to complaint or investigation deemed confidential; certain records relating to disciplinary action deemed public records.
Section
116B.885
Right of person aggrieved by alleged violation to file affidavit with Real Estate Division; procedure for filing affidavit; administrative fine for filing false or fraudulent affidavit.
Section
116B.890
Referral of affidavit to Ombudsman for assistance in resolving alleged violation; report by Ombudsman; investigation by Real Estate Division; determination of whether to file complaint with Commission.
Section
116B.895
Procedure for hearing complaints: Time for holding hearing; continuances; notices; evidence; answers; defaults.
Section
116B.900
Representation by attorney.
Section
116B.905
Decisions on complaints.
Section
116B.910
Remedial and disciplinary action: Orders to cease and desist and to correct violations; administrative fines; removal from office or position; payment of costs; exemptions from liability.
Section
116B.915
Remedial and disciplinary action: Audit of association; appointment of receiver.
Section
116B.920
Injunctions.