The information statement required by NRS 116.4103 and 116.4109 must be in substantially the following form:
BEFORE YOU PURCHASE PROPERTY IN A
COMMON-INTEREST COMMUNITY
DID YOU KNOW . . .
1. YOU GENERALLY HAVE 5 DAYS TO CANCEL THE PURCHASE AGREEMENT?
When you enter into a purchase agreement to buy a home or unit in a common-interest community, in most cases you should receive either a public offering statement, if you are the original purchaser of the home or unit, or a resale package, if you are not the original purchaser. The law generally provides for a 5-day period in which you have the right to cancel the purchase agreement. The 5-day period begins on different starting dates, depending on whether you receive a public offering statement or a resale package. Upon receiving a public offering statement or a resale package, you should make sure you are informed of the deadline for exercising your right to cancel. In order to exercise your right to cancel, the law generally requires that you hand deliver the notice of cancellation to the seller within the 5-day period, or mail the notice of cancellation to the seller by prepaid United States mail within the 5-day period. Alternatively, if you are not the original purchaser and received a resale package, you may deliver the notice of cancellation by electronic transmission to the seller within the 5-day period in order to exercise your right to cancel. For more information regarding your right to cancel, see Nevada Revised Statutes 116.4108, if you received a public offering statement, or Nevada Revised Statutes 116.4109, if you received a resale package.
2. YOU ARE AGREEING TO RESTRICTIONS ON HOW YOU CAN USE YOUR PROPERTY?
These restrictions are contained in a document known as the Declaration of Covenants, Conditions and Restrictions. The CC&Rs become a part of the title to your property. They bind you and every future owner of the property whether or not you have read them or had them explained to you. The CC&Rs, together with other "governing documents" (such as association bylaws and rules and regulations), are intended to preserve the character and value of properties in the community, but may also restrict what you can do to improve or change your property and limit how you use and enjoy your property. By purchasing a property encumbered by CC&Rs, you are agreeing to limitations that could affect your lifestyle and freedom of choice. You should review the CC&Rs, and other governing documents before purchasing to make sure that these limitations and controls are acceptable to you. Certain provisions in the CC&Rs and other governing documents may be superseded by contrary provisions of chapter 116 of the Nevada Revised Statutes. The Nevada Revised Statutes are available at the Internet address http://www.leg.state.nv.us
rs/.
3. YOU WILL HAVE TO PAY OWNERS’ ASSESSMENTS FOR AS LONG AS YOU OWN YOUR PROPERTY?
As an owner in a common-interest community, you are responsible for paying your share of expenses relating to the common elements, such as landscaping, shared amenities and the operation of any homeowners’ association. The obligation to pay these assessments binds you and every future owner of the property. Owners’ fees are usually assessed by the homeowners’ association and due monthly. You have to pay dues whether or not you agree with the way the association is managing the property or spending the assessments. The executive board of the association may have the power to change and increase the amount of the assessment and to levy special assessments against your property to meet extraordinary expenses. In some communities, major components of the common elements of the community such as roofs and private roads must be maintained and replaced by the association. If the association is not well managed or fails to provide adequate funding for reserves to repair, replace and restore common elements, you may be required to pay large, special assessments to accomplish these tasks.
4. IF YOU FAIL TO PAY OWNERS’ ASSESSMENTS, YOU COULD LOSE YOUR HOME?
If you do not pay these assessments when due, the association usually has the power to collect them by selling your property in a nonjudicial foreclosure sale. If fees become delinquent, you may also be required to pay penalties and the association’s costs and attorney’s fees to become current. If you dispute the obligation or its amount, your only remedy to avoid the loss of your home may be to file a lawsuit and ask a court to intervene in the dispute.
5. YOU MAY BECOME A MEMBER OF A HOMEOWNERS’ ASSOCIATION THAT HAS THE POWER TO AFFECT HOW YOU USE AND ENJOY YOUR PROPERTY?
Many common-interest communities have a homeowners’ association. In a new development, the association will usually be controlled by the developer until a certain number of units have been sold. After the period of developer control, the association may be controlled by property owners like yourself who are elected by homeowners to sit on an executive board and other boards and committees formed by the association. The association, and its executive board, are responsible for assessing homeowners for the cost of operating the association and the common or shared elements of the community and for the day to day operation and management of the community. Because homeowners sitting on the executive board and other boards and committees of the association may not have the experience or professional background required to understand and carry out the responsibilities of the association properly, the association may hire professional community managers to carry out these responsibilities.
Homeowners’ associations operate on democratic principles. Some decisions require all homeowners to vote, some decisions are made by the executive board or other boards or committees established by the association or governing documents. Although the actions of the association and its executive board are governed by state laws, the CC&Rs and other documents that govern the common-interest community, decisions made by these persons will affect your use and enjoyment of your property, your lifestyle and freedom of choice, and your cost of living in the community. You may not agree with decisions made by the association or its governing bodies even though the decisions are ones which the association is authorized to make. Decisions may be made by a few persons on the executive board or governing bodies that do not necessarily reflect the view of the majority of homeowners in the community. If you do not agree with decisions made by the association, its executive board or other governing bodies, your remedy is typically to attempt to use the democratic processes of the association to seek the election of members of the executive board or other governing bodies that are more responsive to your needs. If you have a dispute with the association, its executive board or other governing bodies, you may be able to resolve the dispute through the complaint, investigation and intervention process administered by the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels, the Nevada Real Estate Division and the Commission for Common-Interest Communities and Condominium Hotels. However, to resolve some disputes, you may have to mediate or arbitrate the dispute and, if mediation or arbitration is unsuccessful, you may have to file a lawsuit and ask a court to resolve the dispute. In addition to your personal cost in mediation or arbitration, or to prosecute a lawsuit, you may be responsible for paying your share of the association’s cost in defending against your claim.
6. YOU ARE REQUIRED TO PROVIDE PROSPECTIVE PURCHASERS OF YOUR PROPERTY WITH INFORMATION ABOUT LIVING IN YOUR COMMON-INTEREST COMMUNITY?
The law requires you to provide a prospective purchaser of your property with a copy of the community’s governing documents, including the CC&Rs, association bylaws, and rules and regulations, as well as a copy of this document. You are also required to provide a copy of the association’s current year-to-date financial statement, including, without limitation, the most recent audited or reviewed financial statement, a copy of the association’s operating budget and information regarding the amount of the monthly assessment for common expenses, including the amount set aside as reserves for the repair, replacement and restoration of common elements. You are also required to inform prospective purchasers of any outstanding judgments or lawsuits pending against the association of which you are aware. For more information regarding these requirements, see Nevada Revised Statutes 116.4109.
7. YOU HAVE CERTAIN RIGHTS REGARDING OWNERSHIP IN A COMMON-INTEREST COMMUNITY THAT ARE GUARANTEED YOU BY THE STATE?
Pursuant to provisions of chapter 116 of Nevada Revised Statutes, you have the right:
(a) To be notified of all meetings of the association and its executive board, except in cases of emergency.
(b) To attend and speak at all meetings of the association and its executive board, except in some cases where the executive board is authorized to meet in closed, executive session.
(c) To request a special meeting of the association upon petition of at least 10 percent of the homeowners.
(d) To inspect, examine, photocopy and audit financial and other records of the association.
(e) To be notified of all changes in the community’s rules and regulations and other actions by the association or board that affect you.
8. QUESTIONS?
Although they may be voluminous, you should take the time to read and understand the documents that will control your ownership of a property in a common-interest community. You may wish to ask your real estate professional, lawyer or other person with experience to explain anything you do not understand. You may also request assistance from the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels, Nevada Real Estate Division, at (telephone number).
Buyer or prospective buyer’s initials:_____
Date:_____
(Added to NRS by 1997, 3114; A 1999, 3013; 2003, 2248; 2005, 2616; 2007, 2269; 2009, 1738; 2017, 1308)
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.