1. Except as otherwise provided in this chapter, a public offering statement must set forth or fully and accurately disclose each of the following:
(a) The name and principal address of the declarant, the hotel unit owner and of the condominium hotel.
(b) A general description of the condominium hotel, including to the extent possible, the types, number and declarant’s schedule of commencement and completion of construction of buildings, and amenities that the declarant anticipates including in the condominium hotel, including the shared components.
(c) The estimated number of units in the condominium hotel.
(d) Copies of this chapter, the declaration, bylaws, and any rules or regulations of the association or hotel unit owner, but a plat is not required.
(e) The financial information required by subsection 2.
(f) The projected budget for the shared expenses, either within or as an exhibit to the public offering statement. The budget must include, without limitation:
(1) A statement of the amount included in the budget as reserves for repairs, replacement and restoration pursuant to this chapter;
(2) The projected monthly shared expenses for each type of unit, including the amount established as reserves pursuant to this chapter; and
(3) A description of any other payments, fees and charges that may be charged by the hotel unit owner in order to offset the increased burden placed on the shared components due to use of residential units as transient rentals.
(g) After the date of the first conveyance of a residential unit to a purchaser, a current year-to-date statement of the shared expenses charged to the units.
(h) A description of any services or subsidies being provided by the declarant or an affiliate of the declarant or the hotel unit owner not reflected in the budget that the declarant provides, or expenses which the declarant pays and which the declarant expects may become at any subsequent time a common expense of the association and the projected common expense assessment attributable to each of those services or expenses for the association and for each type of unit.
(i) Any initial or special fee due from the purchaser at closing, including, without limitation, any transfer fees, whether payable to the association, the community manager of the association or any third party, together with a description of the purpose and method of calculating the fee.
(j) The terms and significant limitations of any warranties provided by the declarant, including statutory warranties and limitations on the enforcement thereof or on damages.
(k) A statement that the purchaser may cancel, by written notice, his or her contract for purchase until midnight of the fifth calendar day following the date of execution of the contract, and the contract must contain a provision to that effect.
(l) A statement of any unsatisfied judgment or pending action against the association or the hotel unit owner, and the status of any pending actions material to the condominium hotel of which a declarant has actual knowledge.
(m) Any current or expected fees or charges to be paid by residential unit owners for the use of the shared components, the hotel unit or the common elements and other facilities related to the condominium hotel.
(n) The information statements required by this chapter.
(o) Any restraints on alienation of any portion of the condominium hotel and any restrictions:
(1) On the leasing or renting of units; and
(2) On the amount for which a unit may be sold or on the amount that may be received by a unit’s owner on the sale or condemnation of or casualty loss to the unit or to the condominium hotel, or on termination of the condominium hotel.
2. In addition to the information required pursuant to subsection 1, a statement of the budget’s assumptions concerning occupancy and inflation factors must be set forth or fully and accurately disclosed. The statement of budget assumptions must include:
(a) A statement of the amount included in the budget as a reserve for repairs, replacement and restoration pursuant to NRS 116B.590;
(b) A statement of any other reserves;
(c) The projected common expense assessment by category of expenditures for the association; and
(d) The projected monthly common expense assessment for each type of unit, including the amount established as reserves pursuant to NRS 116B.590.
3. A declarant is not required to revise a public offering statement more than once each calendar quarter, if the following warning is given prominence in the statement: "THIS PUBLIC OFFERING STATEMENT IS CURRENT AS OF (insert a specified date). RECENT DEVELOPMENTS REGARDING (here refer to particular provisions of NRS 116B.735 and 116B.740) MAY NOT BE REFLECTED IN THIS STATEMENT."
(Added to NRS by 2007, 2249; A 2015, 1244)
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.