1. Except as otherwise provided in this section and unless the declaration provides otherwise, if a residential unit owner or the tenant or guest of a residential unit owner violates any provision of the governing documents of an association, the executive board may, if the governing documents so provide:
(a) Prohibit, for a reasonable time, the residential unit owner or the tenant or guest of the residential unit owner from:
(1) Voting on matters related to the association.
(2) Using the common elements. The provisions of this subparagraph do not prohibit the residential unit owner or the tenant or guest of the residential unit owner from using any portion of the common elements, if any, as is necessary for vehicular or pedestrian ingress or egress to or from the residential unit.
(b) Impose a fine against the residential unit owner or the tenant or guest of the residential unit owner for each violation. If the violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the residential unit owners or residents of the condominium hotel, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents. If the violation does not pose an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the residential unit owners or residents or guests of the condominium hotel, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents, but the amount of the fine must not exceed $100 for each violation or a total amount of $1,000, whichever is less. The limitations on the amount of the fine do not apply to any interest, charges or costs that may be collected by the association pursuant to this section if the fine becomes past due.
2. The executive board may not impose a fine pursuant to subsection 1 unless:
(a) Not less than 30 days before the violation, the person against whom the fine will be imposed had been provided with written notice of the applicable provisions of the governing documents that form the basis of the violation; and
(b) Within a reasonable time after the discovery of the violation, the person against whom the fine will be imposed has been provided with:
(1) Written notice specifying the details of the violation, the amount of the fine, and the date, time and location for a hearing on the violation; and
(2) A reasonable opportunity to contest the violation at the hearing.
3. If the association adopts a policy imposing fines for any violations of the governing documents of the association, the secretary or other officer specified in the bylaws shall prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit’s owner, a schedule of the fines that may be imposed for those violations.
4. The executive board must schedule the date, time and location for the hearing on the violation so that the person against whom the fine will be imposed is provided with a reasonable opportunity to prepare for the hearing and to be present at the hearing.
5. The executive board must hold a hearing before it may impose the fine, unless the person against whom the fine will be imposed:
(a) Pays the fine;
(b) Executes a written waiver of the right to the hearing; or
(c) Fails to appear at the hearing after being provided with proper notice of the hearing.
6. If a fine is imposed pursuant to subsection 1 and the violation is not cured within 14 days, or within any longer period that may be established by the executive board, the violation shall be deemed a continuing violation. Thereafter, the executive board may impose an additional fine for the violation for each 7-day period or portion thereof that the violation is not cured. Any additional fine may be imposed without notice and an opportunity to be heard.
7. If the governing documents so provide, the executive board may appoint a committee, with not less than three members, to conduct hearings on violations and to impose fines pursuant to this section. While acting on behalf of the executive board for those limited purposes, the committee and its members are entitled to all privileges and immunities and are subject to all duties and requirements of the executive board and its members.
8. The provisions of this section establish the minimum procedural requirements that the executive board must follow before it may impose a fine. The provisions of this section do not preempt any provisions of the governing documents that provide greater procedural protections.
9. Any past due fine:
(a) Bears interest at the rate established by the association, not to exceed the legal rate per annum.
(b) May include any costs of collecting the past due fine at a rate established by the association. If the past due fine is for a violation that does not threaten the health, safety or welfare of the residents of the condominium hotel, the rate established by the association for the costs of collecting the past due fine:
(1) May not exceed $20, if the outstanding balance is less than $200.
(2) May not exceed $50, if the outstanding balance is $200 or more, but is less than $500.
(3) May not exceed $100, if the outstanding balance is $500 or more, but is less than $1,000.
(4) May not exceed $250, if the outstanding balance is $1,000 or more, but is less than $5,000.
(5) May not exceed $500, if the outstanding balance is $5,000 or more.
(c) May include any costs incurred by the association during a civil action to enforce the payment of the past due fine.
10. Unless the declaration provides otherwise, nothing in this section shall be construed as giving the association the power to sanction a unit’s owner for matters related to the hotel unit or the shared components.
11. As used in this section:
(a) "Costs of collecting" includes, without limitation, any collection fee, filing fee, recording fee, referral fee, fee for postage or delivery, and any other fee or cost that an association may reasonably charge to the unit’s owner for the collection of a past due fine. The term does not include any costs incurred by an association during a civil action to enforce the payment of a past due fine.
(b) "Outstanding balance" means the amount of a past due fine that remains unpaid before any interest, charges for late payment or costs of collecting the past due fine are added.
(Added to NRS by 2007, 2214; A 2015, 1224)
Structure Nevada Revised Statutes
Chapter 116B - Condominium Hotel Act
NRS 116B.015 - "Administrator" defined.
NRS 116B.020 - "Affiliate of a declarant" defined.
NRS 116B.025 - "Allocated interests" defined.
NRS 116B.030 - "Association" and "unit-owners’ association" defined.
NRS 116B.035 - "Commission" defined.
NRS 116B.040 - "Common elements" defined.
NRS 116B.045 - "Common expenses" defined.
NRS 116B.050 - "Community manager" defined.
NRS 116B.055 - "Complaint" defined.
NRS 116B.060 - "Condominium hotel" defined.
NRS 116B.065 - "Converted building" defined.
NRS 116B.070 - "Dealer" defined.
NRS 116B.075 - "Declarant" defined.
NRS 116B.080 - "Declaration" defined.
NRS 116B.085 - "Developmental rights" defined.
NRS 116B.090 - "Dispose" and "disposition" defined.
NRS 116B.095 - "Division" defined.
NRS 116B.100 - "Executive board" defined.
NRS 116B.105 - "Financial statement" defined.
NRS 116B.110 - "Governing documents" defined.
NRS 116B.115 - "Hearing panel" defined.
NRS 116B.120 - "Hotel unit" defined.
NRS 116B.125 - "Hotel unit owner" defined.
NRS 116B.130 - "Identifying number" defined.
NRS 116B.135 - "Leasehold condominium hotel" defined.
NRS 116B.140 - "Liability for common expenses" defined.
NRS 116B.145 - "Liability for shared expenses" defined.
NRS 116B.150 - "Limited common element" defined.
NRS 116B.155 - "Major component of the common elements" defined.
NRS 116B.160 - "Major component of the hotel unit" defined.
NRS 116B.165 - "Major component of the shared components" defined.
NRS 116B.170 - "Offering" defined.
NRS 116B.175 - "Ombudsman" defined.
NRS 116B.180 - "Party to the complaint" defined.
NRS 116B.185 - "Person" defined.
NRS 116B.190 - "Purchaser" defined.
NRS 116B.195 - "Real estate" defined.
NRS 116B.200 - "Residential unit" defined.
NRS 116B.205 - "Residential unit owner" defined.
NRS 116B.210 - "Security interest" defined.
NRS 116B.215 - "Shared components" defined.
NRS 116B.220 - "Shared expenses" defined.
NRS 116B.225 - "Special declarant’s rights" defined.
NRS 116B.230 - "Time share" defined.
NRS 116B.235 - "Unit" defined.
NRS 116B.240 - "Unit’s owner" defined.
NRS 116B.245 - Provisions of chapter may not be varied by agreement, waived or evaded; exceptions.
NRS 116B.250 - Applicability of local ordinances, regulations and building codes.
NRS 116B.255 - Eminent domain.
NRS 116B.260 - Supplemental general principles of law applicable.
NRS 116B.270 - Construction against implicit repeal.
NRS 116B.275 - Unconscionable agreement or term of contract.
NRS 116B.280 - Obligation of good faith.
NRS 116B.285 - Remedies to be liberally administered.
NRS 116B.287 - Relation to Electronic Signatures in Global and National Commerce Act.
NRS 116B.300 - Notice of changes to governing documents.
NRS 116B.305 - Creation of condominium hotels.
NRS 116B.310 - Hotel unit boundaries.
NRS 116B.315 - Control of hotel units; use of shared components.
NRS 116B.320 - Construction and validity of declaration and bylaws.
NRS 116B.325 - Description of units.
NRS 116B.330 - Contents of declaration.
NRS 116B.335 - Leasehold condominium hotels.
NRS 116B.340 - Allocation of allocated interests.
NRS 116B.345 - Limited common elements.
NRS 116B.355 - Exercise of developmental rights.
NRS 116B.360 - Alterations of units; access to units.
NRS 116B.365 - Monuments as boundaries.
NRS 116B.370 - Relocation of boundaries between adjoining units.
NRS 116B.375 - Subdivision of units.
NRS 116B.380 - Amendment of declaration.
NRS 116B.385 - Termination of condominium hotel.
NRS 116B.390 - Rights of creditors following termination.
NRS 116B.395 - Respective interests of units’ owners following termination.
NRS 116B.400 - Effect of foreclosure or enforcement of lien or encumbrance.
NRS 116B.405 - Rights of secured lenders.
NRS 116B.415 - Organization of unit-owners’ association.
NRS 116B.420 - Powers of unit-owners’ association.
NRS 116B.450 - Removal of member of executive board.
NRS 116B.455 - Delivery to association of property held or controlled by declarant; exceptions.
NRS 116B.465 - Delivery to association of converted shared component reserve deficit.
NRS 116B.470 - Delivery to association of converted common element reserve deficit.
NRS 116B.475 - Transfer of special declarant’s right.
NRS 116B.480 - Liabilities and obligations of person who succeeds to special declarant’s rights.
NRS 116B.495 - Rules of association.
NRS 116B.500 - Rules of hotel unit owner.
NRS 116B.510 - Complaint alleging violation by hotel unit owner; acknowledgment; response.
NRS 116B.513 - Notice to units’ owners.
NRS 116B.515 - Upkeep of condominium hotel.
NRS 116B.545 - Quorum; use of Robert’s Rules of Order Newly Revised.
NRS 116B.555 - Tort and contract liability.
NRS 116B.560 - Conveyance or encumbrance of common elements.
NRS 116B.565 - Insurance: General requirements.
NRS 116B.570 - Insurance: Policies.
NRS 116B.577 - Funds of association to be deposited or invested at certain financial institutions.
NRS 116B.580 - Preparation and presentation of financial statements.
NRS 116B.585 - Audit and review of financial statements.
NRS 116B.615 - Signatures required for withdrawals from reserve account of association.
NRS 116B.625 - Registration of associations with Ombudsman.
NRS 116B.630 - Liens against units for assessments.
NRS 116B.665 - Liens against association.
NRS 116B.690 - Retaliatory action prohibited.
NRS 116B.705 - Association as trustee.
NRS 116B.725 - Applicability; exceptions.
NRS 116B.730 - Liability for preparation and delivery of public offering statement.
NRS 116B.735 - Public offering statement: General provisions.
NRS 116B.740 - Public offering statement: Condominium hotels subject to developmental rights.
NRS 116B.745 - Public offering statement: Condominium hotel containing converted building.
NRS 116B.755 - Purchaser’s right to cancel.
NRS 116B.760 - Resales of units.
NRS 116B.765 - Required form of information statement.
NRS 116B.770 - Escrow of deposits; furnishing of bond in lieu of deposit.
NRS 116B.775 - Release of liens.
NRS 116B.780 - Exclusion or modification of warranties of quality.
NRS 116B.785 - Power of Commission to adopt regulations concerning additional disclosures.
NRS 116B.795 - Substantial completion of units.
NRS 116B.825 - Service of notice and other information upon Commission.
NRS 116B.835 - Issuance and enforcement of subpoenas.
NRS 116B.840 - Witnesses: Payment of fees and mileage.
NRS 116B.860 - Use of audio or video teleconference for hearings.
NRS 116B.865 - "Violation" defined.
NRS 116B.870 - Jurisdiction of Real Estate Division, Ombudsman, Commission and hearing panels.
NRS 116B.900 - Representation by attorney.
NRS 116B.905 - Decisions on complaints.
NRS 116B.915 - Remedial and disciplinary action: Audit of association; appointment of receiver.