USA Statutes : nevada
Title : Title 10 - PROPERTY RIGHTS AND TRANSACTIONS
Chapter : CHAPTER 116A - COMMON-INTEREST COMMUNITIES: REGULATION OF COMMUNITY MANAGERS AND OTHER PERSONNEL
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 116A.020
to 116A.130 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2005, 2574 )
“Administrator” means the
Real Estate Administrator.
(Added to NRS by 2005, 2574 )
“Association” has the meaning
ascribed to it in NRS 116.011 .
(Added to NRS by 2005, 2574 )
“Certificate” means a
certificate for the management of a common-interest community issued by
the Division pursuant to this chapter.
(Added to NRS by 2005, 2574 )
“Commission” means the
Commission for Common-Interest Communities created by NRS 116.600 .
(Added to NRS by 2005, 2574 )
“Common-interest community” has the meaning ascribed to it in NRS
116.021 .
(Added to NRS by 2005, 2574 )
“Community manager”
means a person who provides for or otherwise engages in the management of
a common-interest community.
(Added to NRS by 2005, 2574 )
“Division” means the Real Estate
Division of the Department of Business and Industry.
(Added to NRS by 2005, 2574 )
“Executive board” has the
meaning ascribed to it in NRS 116.045 .
(Added to NRS by 2005, 2574 )
“Hearing panel” means a
hearing panel appointed by the Commission pursuant to NRS 116A.300 .
(Added to NRS by 2005, 2574 )
“Management of a common-interest community” means the physical,
administrative or financial maintenance and management of a
common-interest community, or the supervision of those activities, for a
fee, commission or other valuable consideration.
(Added to NRS by 2005, 2574 )
“Permit” means a permit to conduct
a study of the reserves of an association pursuant to NRS 116.31152
issued by the Division pursuant to
this chapter.
(Added to NRS by 2005, 2574 )
“Reserve study
specialist” means a person who conducts a study of the reserves of an
association pursuant to NRS 116.31152 .
(Added to NRS by 2005, 2574 )
ADMINISTRATION AND ENFORCEMENT OF CHAPTER
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.
7. The Division may publish or supply a reference manual or study
guide for community managers and for reserve study specialists and may
offer such documents for sale at a reasonable fee.
(Added to NRS by 2005, 2574 )
1. Except as otherwise provided in this section and within the
limits of legislative appropriations, the Division may employ experts,
attorneys, investigators, consultants and other personnel as are
necessary to carry out the provisions of this chapter.
2. The Attorney General shall 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.
3. The Attorney General shall 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 him by the Commission or the Division.
(Added to NRS by 2005, 2575 )
1. Except as otherwise provided in subsection 2, all money
received by the Commission, a hearing panel or the Division pursuant to
this chapter must be deposited into the Account for Common-Interest
Communities created pursuant to NRS 116.630 .
2. 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.
3. Money for the support of the Commission and Division in
carrying out the provisions of this chapter must be provided by direct
legislative appropriation and be paid out on claims as other claims
against the State are paid.
(Added to NRS by 2005, 2576 )
The Commission and its members, each
hearing panel and its members, the Administrator, 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 2005, 2575 )
Any notice or other information that is required to be
served upon the Commission pursuant to the provisions of this chapter may
be delivered to the principal office of the Division.
(Added to NRS by 2005, 2575 )
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 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 2005, 2575 )
The Division
shall maintain in each district office a public docket or other record in
which it shall record, from time to time as made:
1. The rulings or decisions upon all complaints filed with that
district office.
2. All investigations instituted by that district office in the
first instance, upon or in connection with which any hearing has been
held, or in which the person charged has made no defense.
3. Denials of applications made to that district office for
examination or issuance of a certificate or permit.
(Added to NRS by 2005, 2575 )
1. Except as otherwise provided in this section, a complaint filed
with the Division alleging a violation of this chapter or chapter 116
of NRS, all documents and other information
filed with the complaint and all documents and other information compiled
as a result of an investigation conducted to determine whether to
initiate disciplinary action are confidential.
2. The complaint or other charging documents filed with the
Commission to initiate disciplinary action and all documents and other
information considered by the Commission or a hearing panel when
determining whether to impose discipline are public records.
(Added to NRS by 2005, 2575 )
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 he has not
complied with the subpoena. A certified copy of the order 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 must be dealt with as for
contempt of court.
(Added to NRS by 2005, 2579 )
1. Each witness who is subpoenaed and appears at a hearing is
entitled to receive for his 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, 2579 )
1. The Commission may appoint one or more hearing panels. Each
hearing panel must consist of one or more independent hearing officers.
2. The Commission may by regulation delegate to one or more
hearing panels 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.
3. While acting under the authority of the Commission, a hearing
panel and its members are entitled to all privileges and immunities and
are subject to all duties and requirements of the Commission and its
members.
4. A final order of a hearing panel:
(a) May be appealed to the Commission if, not later than 20 days
after the date that the final order is issued by the hearing panel, any
party aggrieved by the final order files a written notice of appeal with
the Commission.
(b) Must be reviewed and approved by the Commission if, not later
than 40 days after the date that the final order is issued by the hearing
panel, the Division, upon the direction of the Chairman of the
Commission, provides written notice to all parties of the intention of
the Commission to review the final order.
(Added to NRS by 2005, 2580 )
The Commission or a hearing panel may conduct a hearing by means of an
audio or video teleconference to one or more locations if the audio or
video technology used at the hearing provides the persons present at each
location with the ability to hear and communicate with the persons
present at each other location.
(Added to NRS by 2005, 2580 )
CERTIFICATES AND PERMITS
1. Except as otherwise provided in this section, a person shall
not act as a community manager unless the person holds a certificate.
2. The Commission shall by regulation provide for the standards of
practice for community managers who hold certificates.
3. The Division may investigate any community manager who holds a
certificate to ensure that the community manager is complying with the
provisions of this chapter and chapter 116 of
NRS and the standards of practice adopted by the Commission.
4. In addition to any other remedy or penalty, if the Commission
or a hearing panel, after notice and hearing, finds that a community
manager who holds a certificate has violated any provision of this
chapter or chapter 116 of NRS or any of the
standards of practice adopted by the Commission, the Commission or the
hearing panel may take appropriate disciplinary action against the
community manager.
5. In addition to any other remedy or penalty, the Commission may:
(a) Refuse to issue a certificate to a person who has failed to pay
money which the person owes to the Commission or the Division.
(b) Suspend, revoke or refuse to renew the certificate of a person
who has failed to pay money which the person owes to the Commission or
the Division.
6. The provisions of this section do not apply to:
(a) A financial institution that is engaging in an activity
permitted by law.
(b) An attorney who is licensed to practice in this State and who
is acting in that capacity.
(c) A trustee with respect to the property of the trust.
(d) A receiver with respect to property subject to the receivership.
(e) A member of an executive board or an officer of an association
who is acting solely within the scope of his duties as a member of the
executive board or an officer of the association.
(Added to NRS by 2005, 2576 )
1. The Commission shall by regulation provide for the issuance by
the Division of certificates. The regulations:
(a) Must establish the qualifications for the issuance of such a
certificate, including, without limitation, the education and experience
required to obtain such a certificate.
(b) May require applicants to pass an examination in order to
obtain a certificate. If the regulations require such an examination, the
Commission shall by regulation establish fees to pay the costs of the
examination, including any costs which are necessary for the
administration of the examination.
(c) May require an investigation of an applicant’s background. If
the regulations require such an investigation, the Commission shall by
regulation establish fees to pay the costs of the investigation.
(d) Must establish the grounds for initiating disciplinary action
against a person to whom a certificate has been issued, including,
without limitation, the grounds for placing conditions, limitations or
restrictions on a certificate and for the suspension or revocation of a
certificate.
(e) Must establish rules of practice and procedure for conducting
disciplinary hearings.
2. The Division may collect a fee for the issuance of a
certificate in an amount not to exceed the administrative costs of
issuing the certificate.
(Added to NRS by 2005, 2577 )
1. Except as otherwise provided in this section, a person shall
not act as a reserve study specialist unless the person holds a permit.
2. The Commission shall by regulation provide for the standards of
practice for reserve study specialists who hold permits.
3. The Division may investigate any reserve study specialist who
holds a permit to ensure that the reserve study specialist is complying
with the provisions of this chapter and chapter 116 of NRS and the standards of practice adopted by the
Commission.
4. In addition to any other remedy or penalty, if the Commission
or a hearing panel, after notice and hearing, finds that a reserve study
specialist who holds a permit has violated any provision of this chapter
or chapter 116 of NRS or any of the standards
of practice adopted by the Commission, the Commission or the hearing
panel may take appropriate disciplinary action against the reserve study
specialist.
5. In addition to any other remedy or penalty, the Commission may:
(a) Refuse to issue a permit to a person who has failed to pay
money which the person owes to the Commission or the Division.
(b) Suspend, revoke or refuse to renew the permit of a person who
has failed to pay money which the person owes to the Commission or the
Division.
6. The provisions of this section do not apply to a member of an
executive board or an officer of an association who is acting solely
within the scope of his duties as a member of the executive board or an
officer of the association.
(Added to NRS by 2005, 2577 )
1. The Commission shall by regulation provide for the issuance by
the Division of permits to reserve study specialists. The regulations:
(a) Must establish the qualifications for the issuance of such a
permit, including, without limitation, the education and experience
required to obtain such a permit.
(b) May require applicants to pass an examination in order to
obtain a permit. If the regulations require such an examination, the
Commission shall by regulation establish fees to pay the costs of the
examination, including any costs which are necessary for the
administration of the examination.
(c) May require an investigation of an applicant’s background. If
the regulations require such an investigation, the Commission shall by
regulation establish fees to pay the costs of the investigation.
(d) Must establish the grounds for initiating disciplinary action
against a person to whom a permit has been issued, including, without
limitation, the grounds for placing conditions, limitations or
restrictions on a permit and for the suspension or revocation of a permit.
(e) Must establish rules of practice and procedure for conducting
disciplinary hearings.
2. The Division may collect a fee for the issuance of a permit in
an amount not to exceed the administrative costs of issuing the permit.
(Added to NRS by 2005, 2577 )
[Expires by limitation on the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. An applicant for a certificate or permit shall submit to the
Division:
(a) The social security number of the applicant; and
(b) The statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services
pursuant to NRS 425.520 . The statement must be completed and signed by the applicant.
2. The Division shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance of the certificate or permit; or
(b) A separate form prescribed by the Division.
3. A certificate or permit may not be issued if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Division shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 2005, 2578 )
[Expires by limitation on the
date of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. If the Division receives a copy of a court order issued
pursuant to NRS 425.540 that provides for the suspension of all professional,
occupational and recreational licenses, certificates and permits issued
to the holder of a certificate or permit, the Division shall deem the
certificate or permit to be suspended at the end of the 30th day after
the date the court order was issued unless the Division receives a letter
issued to the holder of the certificate or permit by the district
attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate or permit has
complied with a subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
2. The Division shall reinstate a certificate or permit that has
been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district
attorney or other public agency pursuant to NRS 425.550 to the holder of the certificate or permit that he has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 2005, 2578 )
The expiration or revocation of a certificate or
permit by operation of law or by order or decision of any agency or court
of competent jurisdiction, or the voluntary surrender of such a
certificate or permit by the holder of the certificate or permit does not:
1. Prohibit the Commission or the Division from initiating or
continuing an investigation of, or action or disciplinary proceeding
against, the holder of the certificate or permit as authorized pursuant
to the provisions of this chapter or chapter 116 of NRS or the regulations adopted pursuant thereto;
or
2. Prevent the imposition or collection of any fine or penalty
authorized pursuant to the provisions of this chapter or chapter 116
of NRS or the regulations adopted pursuant
thereto against the holder of the certificate or permit.
(Added to NRS by 2005, 2579 )
REMEDIES AND PENALTIES
1. In addition to any other remedy or penalty, the Commission may
impose an administrative fine against any person who knowingly:
(a) Engages or offers to engage in any activity for which a
certificate or permit is required pursuant to this chapter or chapter 116
of NRS, or any regulation adopted pursuant
thereto, if the person does not hold the required certificate or permit
or has not been given the required authorization; or
(b) Assists or offers to assist another person to commit a
violation described in paragraph (a).
2. If the Commission imposes an administrative fine against a
person pursuant to this section, the amount of the administrative fine
may not exceed the amount of any gain or economic benefit that the person
derived from the violation or $5,000, whichever amount is greater.
3. In determining the appropriate amount of the administrative
fine, the Commission shall consider:
(a) The severity of the violation and the degree of any harm that
the violation caused to other persons;
(b) The nature and amount of any gain or economic benefit that the
person derived from the violation;
(c) The person’s history or record of other violations; and
(d) Any other facts or circumstances that the Commission deems to
be relevant.
4. Before the Commission may impose the administrative fine, the
Commission must provide the person with notice and an opportunity to be
heard.
5. The person is entitled to judicial review of the decision of
the Commission in the manner provided by chapter 233B of NRS.
6. The provisions of this section do not apply to a person who
engages or offers to engage in activities within the purview of this
chapter or chapter 116 of NRS if:
(a) A specific statute exempts the person from complying with the
provisions of this chapter or chapter 116 of
NRS with regard to those activities; and
(b) The person is acting in accordance with the exemption while
engaging or offering to engage in those activities.
(Added to NRS by 2005, 2580 )
1. If the Commission or the Division has reasonable cause to
believe, based on evidence satisfactory to it, that any person has
violated or is about to violate any provision of this chapter, any
regulation adopted pursuant thereto or any order, decision, demand or
requirement of the Commission or the Division or a hearing panel, the
Commission or the Division may bring an action in the district court for
the county in which the person resides or, if the person does not reside
in this State, in any court of competent jurisdiction within or outside
this State, to restrain or enjoin that person from engaging in or
continuing to commit the violations or from doing any act in furtherance
of the violations.
2. The action must be brought in the name of the State of Nevada.
If the action is brought in a court of this State, an order or judgment
may be entered, when proper, issuing a temporary restraining order,
preliminary injunction or final injunction. A temporary restraining order
or preliminary injunction must not be issued without at least 5 days’
notice to the opposite party.
3. The court may issue the temporary restraining order,
preliminary injunction or final injunction without:
(a) Proof of actual damages sustained by any person.
(b) The filing of any bond.
(Added to NRS by 2005, 2581 )
