1. A declarant of a common-interest community containing converted buildings, and any dealer who intends to offer units in such a common-interest community, shall give each of the residential tenants and any residential subtenant in possession of a portion of a converted building notice of the conversion and provide those persons with the public offering statement no later than 120 days before the tenants and any subtenant in possession are required to vacate. The notice must set forth generally the rights of tenants and subtenants under this section and must be hand-delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant. No tenant or subtenant may be required to vacate upon less than 120 days’ notice, except by reason of nonpayment of rent, waste or conduct that disturbs other tenants’ peaceful enjoyment of the premises, and the terms of the tenancy may not be altered during that period. Failure to give notice as required by this section is a defense to an action for possession. If, during the 6-month period before the recording of a declaration, a majority of the tenants or any subtenants in possession of any portion of the property described in such declaration has been required to vacate for reasons other than nonpayment of rent, waste or conduct that disturbs other tenants’ peaceful enjoyment of the premises, a rebuttable presumption is created that the owner of such property intended to offer the vacated premises as units in a common-interest community at all times during that 6-month period.
2. For 60 days after delivery or mailing of the notice described in subsection 1, the person required to give the notice shall offer to convey each unit or proposed unit occupied for residential use to the tenant who leases that unit. If a tenant fails to purchase the unit during that 60-day period, the offeror may not offer to dispose of an interest in that unit during the following 180 days at a price or on terms more favorable to the offeree than the price or terms offered to the tenant. This subsection does not apply to any unit in a converted building if that unit will be restricted exclusively to nonresidential use or the boundaries of the converted unit do not substantially conform to the dimensions of the residential unit before conversion.
3. If a seller, in violation of subsection 2, conveys a unit to a purchaser for value who has no knowledge of the violation, the recordation of the deed conveying the unit or, in a cooperative, the conveyance of the unit, extinguishes any right a tenant may have under subsection 2 to purchase that unit if the deed states that the seller has complied with subsection 2, but the conveyance does not affect the right of a tenant to recover damages from the seller for a violation of subsection 2.
4. If a notice of conversion specifies a date by which a unit or proposed unit must be vacated and otherwise complies with the provisions of NRS 40.251 and 40.280, the notice also constitutes a notice to surrender specified by those sections.
5. This section does not permit termination of a lease by a declarant in violation of its terms.
(Added to NRS by 1991, 576; A 2007, 1280; 2015, 3132)
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.