1. The association or the hotel unit owner, as applicable, has a lien on a unit for any assessment or charge, including assessments for common expenses and charges for shared expenses or other charges of the hotel unit owner, authorized by this chapter that is levied against that unit or any fines imposed against the unit’s owner from the time the assessment, charge or fine becomes due. If an assessment is payable in installments, the full amount of the assessment or charge is a lien from the time the first installment thereof becomes due.
2. A lien under this section is prior to all other liens and encumbrances on a unit except:
(a) Liens and encumbrances recorded before the recordation of the declaration;
(b) A first security interest on the unit recorded before the date on which the assessment sought to be enforced became delinquent; and
(c) Liens for real estate taxes and other governmental assessments or charges against the unit.
This subsection does not affect the priority of mechanics’ or materialmen’s liens, or the priority of liens for other assessments made by the association.
3. Unless the declaration otherwise provides, if the association and the hotel unit owner both have liens for assessments or charges created at any time on the same property, the priority of those liens is governed by Nevada law.
4. Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessment or charge under this section is required.
5. A lien for unpaid assessments or charges is extinguished unless proceedings to enforce the lien are instituted within 3 years after the full amount of the assessments or charges become due.
6. This section does not prohibit actions to recover sums for which subsection 1 creates a lien or prohibit an association or the hotel unit owner, as applicable, from taking a deed in lieu of foreclosure.
7. A judgment or decree in any action brought under this section must include costs and reasonable attorney’s fees for the prevailing party.
8. The association or the hotel unit owner, as applicable, upon written request, shall furnish to a residential unit owner a statement setting forth the amount of unpaid assessments or charges against the unit. If the interest of the unit’s owner is real estate or if a lien for the unpaid assessments or charges may be foreclosed under this chapter, the statement must be in recordable form. The statement must be furnished within 10 business days after receipt of the request and is binding on the association or the declarant, as applicable, and every unit’s owner.
9. In an action by an association to collect assessments or by the hotel unit owner to collect shared expenses or to foreclose a lien created under this section, the court may appoint a receiver to collect all rents or other income from the unit alleged to be due and owing to a unit’s owner before commencement or during pendency of the action. The receivership is governed by chapter 32 of NRS. The court may order the receiver to pay any sums held by the receiver to the:
(a) Association during pendency of the action to the extent of the association’s common expense assessments based on a periodic budget adopted by the association pursuant to NRS 116B.600; or
(b) Hotel unit owner to the extent of the hotel unit owner’s shared expenses based on a periodic budget provided by the hotel unit owner pursuant to NRS 116B.595.
(Added to NRS by 2007, 2239; A 2015, 1238)
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.