As used in this chapter:
1. “Common areas” means the entire project excepting all units
therein granted or reserved.
2. “Condominium” means an estate in real property consisting of an
undivided interest in common in portions of a parcel of real property
together with:
(a) A separate interest in space in a residential, industrial or
commercial building or industrial and commercial building on such real
property, such as, but not restricted to, an apartment, office or store;
or
(b) A separate interest in air space only, without any building or
structure, to be used for a mobile home.
Ê A condominium may include in addition a separate interest in other
portions of such real property. Such estate may, with respect to the
duration of its enjoyment, be either an estate of inheritance or
perpetual estate, an estate for life, or an estate for years.
3. “Project” means the entire parcel of real property divided or
to be divided into condominiums, including all structures thereon.
4. “To divide” real property means to divide the ownership thereof
by conveying one or more condominiums therein but less than the whole
thereof.
5. “Unit” means the elements of a condominium which are not owned
in common with the owners of other condominiums in the project.
(Added to NRS by 1963, 126; A 1967, 200; 1981, 990)
1. The provisions of this chapter apply to property divided into
condominiums only if there was recorded before January 1, 1992, in the
county in which the property lies a plan consisting of:
(a) A description or survey map of the surface of the land included
within the project;
(b) Diagrammatic floor plans of the building or buildings built or
to be built thereon in sufficient detail to identify each unit, its
relative location and approximate dimensions; and
(c) A certificate consenting to the recordation of the plan
pursuant to this chapter signed and acknowledged by the record owner of
the property and by all record holders of security interests therein.
2. The plan may be amended or revoked by a subsequently
acknowledged recorded instrument executed by the record owner of the
property and by all record holders of security interests therein. Until
recordation of a revocation, the provisions of this chapter continue to
apply to the property.
3. The term “record owner” as used in this section includes all of
the record owners of the property at the time of recordation, but does
not include holders of security interests, mineral interests, easements
or rights-of-way.
(Added to NRS by 1963, 126; A 1991, 580)
Unless otherwise expressly stated therein, any
transfer or conveyance of a unit, or an apartment, office or store which
is a part of a unit shall be presumed to convey the entire condominium.
(Added to NRS by 1963, 127)
Unless otherwise expressly
provided in the deeds, declaration of restrictions or plan, the incidents
of a condominium grant are as follows:
1. The boundaries of the unit granted are the interior surfaces of
the perimeter walls, floors, ceilings, windows and doors thereof, and the
unit includes both the portions of the buildings so described and the
airspace so encompassed. The following are not part of the unit: Bearing
walls, columns, floors, roofs, foundations, elevator equipment and
shafts, central heating, central refrigeration and central
air-conditioning equipment, reservoirs, tanks, pumps and other central
services, pipes, ducts, flues, chutes, conduits, wires and other utility
installations, wherever located, except the outlets thereof when located
within the unit. In interpreting deeds and plans the existing physical
boundaries of the unit or of a unit reconstructed in substantial
accordance with the original plans thereof shall be conclusively presumed
to be its boundaries rather than the metes and bounds expressed in the
deed or plan, regardless of settling or lateral movement of the building
and regardless of minor variances between boundaries shown on the plan or
in the deed and those of the building.
2. The common areas are owned by the owners of the unit as tenants
in common in equal shares, one for each unit.
3. A nonexclusive easement for ingress, egress and support through
the common areas is appurtenant to each unit and the common areas are
subject to such easements.
4. Each condominium owner shall have the exclusive right to paint,
repaint, tile, wax, paper or otherwise refinish and decorate the inner
surfaces of the walls, ceilings, floors, windows and doors bounding his
own unit.
(Added to NRS by 1963, 127)
1. Where several persons own condominiums in a condominium
project, an action may be brought pursuant to NRS 39.010 to 39.490 ,
inclusive, by one or more of such persons for partition thereof by sale
of the entire project, as if the owners of all the condominiums in such
project were tenants in common in the entire project in the same
proportion as their interests in the common areas, but a partition shall
be made only upon the showing that:
(a) Three years after damage or destruction to the project which
renders a material part thereof unfit for its use prior thereto, the
project has not been rebuilt or repaired substantially to its state prior
to its damage or destruction; or
(b) Three-fourths or more of the project has been destroyed or
substantially damaged, and that condominium owners holding in aggregate
more than 50 percent interest in the common areas are opposed to repair
or restoration of the project; or
(c) The project has been in existence in excess of 50 years, that
it is obsolete and uneconomic, and that condominium owners holding in
aggregate more than 50 percent interest in the common areas are opposed
to repair or restoration of the project; or
(d) Conditions for such a partition by sale set forth in
restrictions entered into with respect to such project have been met.
2. Except as provided in subsection 1, the common areas shall
remain undivided, and there shall be no judicial partition thereof.
Nothing herein shall be deemed to prevent partition of a cotenancy in a
condominium.
(Added to NRS by 1963, 127)
The owner of a project
may, prior to the conveyance of any condominium therein, record a
declaration of restrictions relating to such project, which restrictions
shall be enforceable equitable servitudes where reasonable. Such
servitudes, unless otherwise provided, may be enforced, by any owner of a
condominium in the project, and may provide, among other things:
1. For the management of the project by one or more of the
following management bodies:
(a) The condominium owners;
(b) A board of governors elected by the owners; or
(c) A management agent elected by the owners or the board or named
in the declaration.
2. For voting majorities, quorums, notices, meeting dates and
other rules governing such body or bodies.
3. As to any such management body:
(a) For the powers thereof, including power to enforce the
provisions of the declaration of restrictions;
(b) For maintenance by it of fire, casualty, liability, workmen’s
compensation and other insurance insuring condominium owners, and for
bonding of the members of any management body;
(c) For provision by it of and payment by it for maintenance,
utility, gardening and other services benefiting the common areas, for
employment of personnel necessary for operation of the building, and
legal and accounting services;
(d) For purchase by it of materials, supplies and the like and for
maintenance and repair of the common areas;
(e) For payment by it of taxes which would be a lien upon the
entire project or common areas, and for discharge by it of any lien or
encumbrance levied against the entire project or common areas;
(f) For payment by it for reconstruction of any portion or portions
of the project damaged or destroyed;
(g) For delegation by it of its powers;
(h) For entry by it or its agents into any unit when necessary in
connection with maintenance or construction for which such body is
responsible; and
(i) For the power of the management body to sell the entire project
for the benefit of all of the owners thereof when partition of the
project may be had under NRS 117.050 ,
which power shall be binding upon all of the owners, whether they assume
the obligations of the restrictions or not.
4. For amendments of such restrictions, which amendments, if
reasonable and made upon vote or consent of a majority in interest of the
owners in the project given after reasonable notice, shall be binding
upon every owner and every condominium subject thereto, whether the
burdens thereon are increased or decreased thereby, and whether the owner
of each and every condominium consents thereto or not.
5. For independent audit of the accounts of any management body.
6. For reasonable assessments to meet authorized expenditures of
any management body, and for a reasonable method for notice and levy
thereof, each condominium to be assessed separately for its share of such
expense in proportion (unless otherwise provided) to its owner’s
fractional interest in any common areas, and for the subordination of the
liens securing such assessments to other liens either generally or
specifically described.
7. For the conditions upon which partition may be had of the
project pursuant to NRS 117.050 . Such
right to partition may be conditioned upon failure of the condominium
owners to elect to rebuild within a certain period, specified inadequacy
of insurance proceeds, specified damage to the building, a decision of an
arbitrator, or upon any other reasonable condition.
8. For restrictions upon the severability of the component
interests in real property which comprise a condominium. No such
restrictions shall extend beyond the period in which the right to
partition a project is suspended under NRS 117.050 .
(Added to NRS by 1963, 128)
Any
person who receives fees from a purchaser of a condominium for the
maintenance of the project shall:
1. Immediately deposit the money in a separate custodial account
maintained by him with some bank, credit union or recognized depositary
in this State.
2. Keep records of all such money deposited therein.
(Added to NRS by 1965, 1219; A 1999, 1457 )
1. A reasonable assessment upon any condominium made in accordance
with a recorded declaration of restrictions permitted by NRS 117.060
shall be a debt of the owner thereof at
the time the assessment is made. The amount of any such assessment plus
any other charges thereon, such as interest, costs (including attorneys’
fees), and penalties, as such may be provided for in the declaration of
restrictions, shall be and become a lien upon the condominium assessed
when the management body causes to be recorded with the county recorder
of the county in which such condominium is located a notice of
assessment, which shall state:
(a) The amount of such assessment and such other charges thereon as
may be authorized by the declaration of restrictions;
(b) A description of the condominium against which the same has
been assessed; and
(c) The name of the record owner thereof.
Ê Such notice shall be signed by an authorized representative of the
management body or as otherwise provided in the declaration of
restrictions. Upon payment of the assessment and charges in connection
with which such notice has been so recorded, or other satisfaction
thereof, the management body shall cause to be recorded a further notice
stating the satisfaction and the release of the lien thereof.
2. Such lien shall be prior to all other liens recorded subsequent
to the recordation of the notice of assessment except that the
declaration of restrictions may provide for the subordination thereof to
any other liens and encumbrances. Unless sooner satisfied and released or
the enforcement thereof initiated as provided in subsection 3, such lien
shall expire and be of no further force or effect 1 year from the date of
recordation of the notice of assessment, but the 1-year period may be
extended by the management body for not to exceed 1 additional year by
recording a written extension thereof.
3. Such lien may be enforced by sale by the management body, its
agent or attorney, after failure of the owner to pay such an assessment
in accordance with the terms of the declaration of restrictions. The sale
shall be conducted in accordance with the provisions of Covenants Nos. 6,
7 and 8 of NRS 107.030 , and NRS 107.090
insofar as they are consistent with the
provisions of NRS 117.075 , or in any
other manner permitted by law. Unless otherwise provided in the
declaration of restrictions, the management body, if it is a corporation,
cooperative association, partnership or natural person, shall have power
to bid in the condominium at foreclosure sale and to hold, lease,
mortgage and convey the same.
(Added to NRS by 1963, 129; A 1975, 978)
1. The power of sale conferred in NRS 117.070 shall not be exercised until:
(a) The management body, its agent or attorney has first executed
and caused to be recorded with the recorder of the county wherein the
condominium is located a notice of default and election to sell the
condominium or cause its sale to satisfy the assessment lien; and
(b) The condominium owner or his successor in interest has failed
to pay the amount of the lien, including costs, fees and expenses
incident to its enforcement for a period of 60 days computed as
prescribed in subsection 2.
2. The 60-day period provided in subsection 1 shall commence on
the first day following the day upon which the notice of default and
election to sell is recorded as herein provided and a copy of the notice
is mailed by certified or registered mail with postage prepaid to the
condominium owner or to his successor in interest at his address if such
address is known, otherwise to the address of the condominium unit. The
notice shall describe the deficiency in payment.
3. The management body, its agent or attorney shall, after
expiration of the 60-day period and prior to selling the condominium,
give notice of the time and place of the sale in the manner and for a
time not less than that required by law for the sale of real property
upon execution, except that a copy of the notice of sale shall be mailed
on or before the first publication or posting required by NRS 21.130
by certified or registered mail with
postage prepaid to the condominium owner or to his successor in interest
at his address if such address is known, otherwise to the address of the
condominium unit. The sale itself may be made at the office of the
management body if the notice so provided, whether the condominium is
located within the same county as the office of the management body or
not.
4. Every sale made under the provisions of NRS 117.070 vests in the purchaser the title of the
condominium owner without equity or right of redemption.
(Added to NRS by 1975, 977)
No labor performed or services or
materials furnished with the consent of or at the request of a
condominium owner or his agent or his contractor or subcontractor shall
be the basis for the filing of a lien against the condominium of any
other condominium owner, or against any part thereof, or against any
other property of any other condominium owner, unless such other owner
has expressly consented to or requested the performance of such labor or
furnishing of such materials or services. Such express consent shall be
deemed to have been given by the owner of any condominium in the case of
emergency repairs thereto. Labor performed or services or materials
furnished for the common areas, if duly authorized by a management body
provided for in a declaration of restrictions governing the property,
shall be deemed to be performed or furnished with the express consent of
each condominium owner. The owner of any condominium may remove his
condominium from a lien against two or more condominiums or any part
thereof by payment to the holder of the lien of the fraction of the total
sum secured by such lien which is attributable to his condominium.
(Added to NRS by 1963, 130)
Unless otherwise provided by a
declaration of restrictions under NRS 117.060 , the management body, if any, provided for
therein, may acquire and hold, for the benefit of the condominium owners,
tangible and intangible personal property and may dispose of the same by
sale or otherwise; and the beneficial interest in such personal property
shall be owned by the condominium owners in the same proportion as their
respective interests in the common areas, and shall not be transferable
except with a transfer of a condominium. A transfer of a condominium
shall transfer to the transferee ownership of the transferor’s beneficial
interest in such personal property.
(Added to NRS by 1963, 130)
Any deed, declaration or plan for a condominium project shall
be liberally construed to facilitate the operation of the project, and
its provisions shall be presumed to be independent and severable.
(Added to NRS by 1963, 131)
NRS 111.1031 and the
common-law rules of property known as the rule against perpetuities and
the rule restricting unreasonable restraints on alienation must not be
applied to defeat any of the provisions of this chapter.
(Added to NRS by 1967, 200; A 1987, 65)
If any
person acquires or is entitled to the issuance of a tax deed conveying
the interest of any condominium owner, such interest so acquired shall be
subject to all the provisions of this chapter and to all terms,
provisions, covenants, conditions and limitations contained in the
declaration of restrictions, any plat, any bylaws or any deed affecting
such interest then in force.
(Added to NRS by 1967, 200)
Unless a
contrary intent is clearly expressed, local zoning ordinances shall be
construed to treat like structures, lots or parcels in like manner
regardless of whether the ownership thereof is divided by sale of
condominiums or into community apartments rather than by lease of
apartments, offices or stores.
(Added to NRS by 1963, 131)
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