1. The executive board shall:
(a) At least once every 5 years, cause to be conducted a study of the reserves required to repair, replace and restore 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;
(b) At least annually, review the results of that study to determine whether those reserves are sufficient; and
(c) At least annually, make any adjustments to the association’s funding plan which the executive board deems necessary to provide adequate funding for the required reserves.
2. Except as otherwise provided in this subsection, the study of the reserves required by subsection 1 must be conducted by a person who holds a permit issued pursuant to chapter 116A of NRS. If the common-interest community contains 20 or fewer units and is located in a county whose population is less than 55,000, the study of the reserves required by subsection 1 may be conducted by any person whom the executive board deems qualified to conduct the study.
3. The study of the reserves must include, without limitation:
(a) A summary of an inspection 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;
(b) An identification 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 which have a remaining useful life of less than 30 years;
(c) An estimate of the remaining useful life of each major component of the common elements and any other portion of the common-interest community that the association is obligated to maintain, repair, replace or restore identified pursuant to paragraph (b);
(d) An estimate of the cost of maintenance, repair, replacement or restoration of each major component of the common elements and any other portion of the common-interest community identified pursuant to paragraph (b) during and at the end of its useful life; and
(e) An estimate of the total annual assessment that may be necessary to cover the cost of maintaining, repairing, replacement or restoration of the major components of the common elements and any other portion of the common-interest community identified pursuant to paragraph (b), after subtracting the reserves of the association as of the date of the study, and an estimate of the funding plan that may be necessary to provide adequate funding for the required reserves.
4. A summary of the study of the reserves required by subsection 1 must be submitted to the Division not later than 45 days after the date that the executive board adopts the results of the study.
5. If a common-interest community was developed as part of a planned unit development pursuant to chapter 278A of NRS and is subject to an agreement with a city or county to receive credit against the amount of the residential construction tax that is imposed pursuant to NRS 278.4983 and 278.4985, the association that is organized for the common-interest community may use the money from that credit for the repair, replacement or restoration of park facilities and related improvements if:
(a) The park facilities and related improvements are identified as major components of the common elements of the association; and
(b) The association is obligated to repair, replace or restore the park facilities and related improvements in accordance with the study of the reserves required by subsection 1.
(Added to NRS by 1999, 2994; A 2003, 2241; 2005, 2606; 2009, 1736, 2213; 2011, 1144)
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.