1. A unit’s owner is not liable, solely by reason of being a unit’s owner, for an injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit’s owner except the declarant is liable for that declarant’s torts in connection with any part of the common-interest community which that declarant has the responsibility to maintain.
2. An action alleging a wrong done by the association, including, without limitation, an action arising out of the condition or use of the common elements, may be maintained only against the association and not against any unit’s owner. If the wrong occurred during any period of declarant’s control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit’s owner for all tort losses not covered by insurance suffered by the association or that unit’s owner, and all costs that the association would not have incurred but for a breach of contract or other wrongful act or omission. Whenever the declarant is liable to the association under this section, the declarant is also liable for all expenses of litigation, including reasonable attorney’s fees, incurred by the association.
3. Except as otherwise provided in subsection 4 of NRS 116.4116 with respect to warranty claims, any statute of limitation affecting the association’s right of action against a declarant under this section is tolled until the period of declarant’s control terminates. A unit’s owner is not precluded from maintaining an action contemplated by this section because he or she is a unit’s owner or a member or officer of the association. Liens resulting from judgments against the association are governed by NRS 116.3117.
(Added to NRS by 1991, 563; A 2011, 2444)
Structure Nevada Revised Statutes
Chapter 116 - Common-Interest Ownership (Uniform Act)
NRS 116.005 - "Administrator" defined.
NRS 116.007 - "Affiliate of a declarant" defined.
NRS 116.009 - "Allocated interests" defined.
NRS 116.011 - "Association" and "unit-owners’ association" defined.
NRS 116.013 - "Certificate" defined.
NRS 116.015 - "Commission" defined.
NRS 116.017 - "Common elements" defined.
NRS 116.019 - "Common expenses" defined.
NRS 116.021 - "Common-interest community" defined.
NRS 116.023 - "Community manager" defined.
NRS 116.025 - "Complaint" defined.
NRS 116.027 - "Condominium" defined.
NRS 116.029 - "Converted building" defined.
NRS 116.031 - "Cooperative" defined.
NRS 116.033 - "Dealer" defined.
NRS 116.035 - "Declarant" defined.
NRS 116.037 - "Declaration" defined.
NRS 116.039 - "Developmental rights" defined.
NRS 116.041 - "Dispose" and "disposition" defined.
NRS 116.043 - "Division" defined.
NRS 116.045 - "Executive board" defined.
NRS 116.047 - "Financial statement" defined.
NRS 116.049 - "Governing documents" defined.
NRS 116.051 - "Hearing panel" defined.
NRS 116.053 - "Identifying number" defined.
NRS 116.055 - "Leasehold common-interest community" defined.
NRS 116.057 - "Liability for common expenses" defined.
NRS 116.059 - "Limited common element" defined.
NRS 116.0605 - "Major component of the common elements" defined.
NRS 116.061 - "Management of a common-interest community" defined.
NRS 116.063 - "Master association" defined.
NRS 116.064 - "Nonresidential condominium" defined.
NRS 116.065 - "Offering" defined.
NRS 116.067 - "Ombudsman" defined.
NRS 116.069 - "Party to the complaint" defined.
NRS 116.073 - "Person" defined.
NRS 116.075 - "Planned community" defined.
NRS 116.077 - "Proprietary lease" defined.
NRS 116.079 - "Purchaser" defined.
NRS 116.081 - "Real estate" defined.
NRS 116.083 - "Residential use" defined.
NRS 116.085 - "Respondent" defined.
NRS 116.087 - "Security interest" defined.
NRS 116.089 - "Special declarant’s rights" defined.
NRS 116.091 - "Time share" defined.
NRS 116.095 - "Unit’s owner" defined.
NRS 116.1104 - Provisions of chapter may not be varied by agreement, waived or evaded; exceptions.
NRS 116.1105 - Categorization of property in certain common-interest communities.
NRS 116.1106 - Applicability of local ordinances, regulations and building codes.
NRS 116.1107 - Eminent domain.
NRS 116.1108 - Supplemental general principles of law applicable.
NRS 116.1109 - Construction against implicit repeal; uniformity of application and construction.
NRS 116.1112 - Unconscionable agreement or term of contract.
NRS 116.1113 - Obligation of good faith.
NRS 116.1114 - Remedies to be liberally administered.
NRS 116.1118 - Relation to Electronic Signatures in Global and National Commerce Act.
NRS 116.1203 - Exception for small planned communities.
NRS 116.12065 - Notice of changes to governing documents.
NRS 116.1209 - Other exempt real estate arrangements; other exempt covenants.
NRS 116.2101 - Creation of common-interest communities.
NRS 116.2102 - Unit boundaries.
NRS 116.2103 - Construction and validity of declaration and bylaws.
NRS 116.2104 - Description of units.
NRS 116.2105 - Contents of declaration.
NRS 116.2106 - Leasehold common-interest communities.
NRS 116.2107 - Allocation of allocated interests.
NRS 116.2108 - Limited common elements.
NRS 116.211 - Exercise of developmental rights.
NRS 116.2111 - Alterations of units; access to units.
NRS 116.2112 - Relocation of boundaries between adjoining units.
NRS 116.2113 - Subdivision of units.
NRS 116.2114 - Monuments as boundaries.
NRS 116.2115 - Use for purposes of sales.
NRS 116.2116 - Easement rights; validity of existing restrictions.
NRS 116.2117 - Amendment of declaration.
NRS 116.2118 - Termination of common-interest community.
NRS 116.21183 - Rights of creditors following termination.
NRS 116.21185 - Respective interests of units’ owners following termination.
NRS 116.21188 - Effect of foreclosure or enforcement of lien or encumbrance.
NRS 116.2119 - Rights of secured lenders.
NRS 116.212 - Master associations.
NRS 116.2121 - Merger or consolidation of common-interest communities.
NRS 116.2122 - Addition of unspecified real estate.
NRS 116.2124 - Termination following catastrophe.
NRS 116.3101 - Organization of unit-owners’ association.
NRS 116.310313 - Collection of past due obligation; charge of reasonable fee to collect.
NRS 116.310315 - Accounting for fines imposed by association.
NRS 116.31036 - Removal of member of executive board.
NRS 116.31037 - Indemnification and defense of member of executive board.
NRS 116.31038 - Delivery to association of property held or controlled by declarant.
NRS 116.310395 - Delivery to association of converted building reserve deficit.
NRS 116.3104 - Transfer of special declarant’s right.
NRS 116.31043 - Liabilities and obligations of person who succeeds to special declarant’s rights.
NRS 116.3105 - Termination of contracts and leases of declarant.
NRS 116.31068 - Notice to units’ owners.
NRS 116.3107 - Upkeep of common-interest community.
NRS 116.31073 - Maintenance, repair, restoration and replacement of security walls.
NRS 116.31107 - Voting by units’ owners: Prohibited acts; penalty.
NRS 116.3111 - Tort and contract liability.
NRS 116.3112 - Conveyance or encumbrance of common elements.
NRS 116.3113 - Insurance: General requirements.
NRS 116.31133 - Insurance: Policies; use of proceeds; certificates or memoranda of insurance.
NRS 116.31135 - Insurance: Repair or replacement of damaged or destroyed portion of community.
NRS 116.311395 - Funds of association to be deposited or invested at certain financial institutions.
NRS 116.31142 - Preparation and presentation of financial statements.
NRS 116.31144 - Audit and review of financial statements.
NRS 116.31153 - Signatures required for withdrawals of certain association funds; exceptions.
NRS 116.31158 - Registration of associations with Ombudsman; contents of form for registration.
NRS 116.3117 - Liens against association.
NRS 116.31183 - Retaliatory action prohibited; separate action by unit’s owner.
NRS 116.31184 - Threats, harassment and other conduct prohibited; penalty.
NRS 116.31189 - Bribery of community manager or member of executive board; penalties; exceptions.
NRS 116.3119 - Association as trustee.
NRS 116.318 - Right of units’ owners to keep pet.
NRS 116.340 - Transient commercial use of units within certain planned communities.
NRS 116.347 - Prohibition against restricting hours construction work may begin; exceptions.
NRS 116.4102 - Liability for preparation and delivery of public offering statement.
NRS 116.4103 - Public offering statement: General provisions.
NRS 116.41035 - Public offering statement: Limitations for certain small offerings.
NRS 116.4105 - Public offering statement: Time shares.
NRS 116.4106 - Public offering statement: Common-interest community containing converted building.
NRS 116.4108 - Purchaser’s right to cancel.
NRS 116.4109 - Resales of units.
NRS 116.41095 - Required form of information statement.
NRS 116.411 - Escrow of deposits; furnishing of bond in lieu of deposit.
NRS 116.4111 - Release of liens.
NRS 116.4112 - Converted buildings.
NRS 116.4113 - Express warranties of quality.
NRS 116.4114 - Implied warranties of quality.
NRS 116.4115 - Exclusion or modification of warranties of quality.
NRS 116.4116 - Statute of limitations for warranties.
NRS 116.4118 - Labeling of promotional material.
NRS 116.4119 - Declarant’s obligation to complete and restore.
NRS 116.412 - Substantial completion of units.
NRS 116.640 - Service of notice and other information upon Commission.
NRS 116.660 - Issuance and enforcement of subpoenas.
NRS 116.662 - Witnesses: Payment of fees and mileage.
NRS 116.675 - Appointment of hearing panels; delegation of powers and duties; appeals to Commission.
NRS 116.680 - Use of audio or video teleconference for hearings.
NRS 116.745 - "Violation" defined.
NRS 116.750 - Jurisdiction of Real Estate Division, Ombudsman, Commission and hearing panels.
NRS 116.775 - Representation by attorney.