1. During any period in which the developer holds a valid permit and the developer or an affiliate of the developer is the manager, the developer or an affiliate of the developer shall provide for the management of the time-share plan and the project, by a written agreement with the association or, if there is no association, with the owners. The initial term of the agreement must expire upon the first annual meeting of the members of the association or at the end of 5 years, whichever comes first. All succeeding terms of the agreement must be renewed annually unless the manager refuses to renew the agreement or a majority of the members of the association who are entitled to vote, excluding the developer, notifies the manager of its refusal to renew the agreement.
2. The agreement must provide that:
(a) The manager or a majority of the owners may terminate the agreement for cause.
(b) The resignation of the manager will not be accepted until 90 days after receipt by the association, or if there is no association, by the owners, of the written resignation.
(c) A fidelity bond must be delivered by the manager to the association.
3. An agreement entered into or renewed on or after October 1, 2001, must contain a detailed, itemized schedule of all fees, compensation or other property that the manager is entitled to receive for services rendered to the association or any member of the association or otherwise derived from the manager’s affiliation with the time-share plan or the project, or both. The manager shall disclose to the association annually and make available electronically to an owner upon request a report describing all fees, compensation or other property that the manager is entitled to receive for services rendered to the association or any member of the association or otherwise derived from the manager’s affiliation with the time-share plan or the project, or both.
4. Except as otherwise provided in this subsection, if the developer retains a property interest in the project, the parties to such an agreement must include the developer, the manager and the association. In addition to the provisions required in subsections 1 and 2, the agreement must provide:
(a) That the project will be maintained in good condition. Except as otherwise provided in this paragraph, any defect which is not corrected within 10 days after notification by the developer may be corrected by the developer. In an emergency situation, notice is not required. The association must repay the developer for any cost of the repairs plus the legal rate of interest. Each owner must be assessed for his or her share of the cost of repairs.
(b) That, if any dispute arises between the developer and the manager or association, either party may request from the American Arbitration Association or the Nevada Arbitration Association a list of seven potential fact finders from which one must be chosen to settle the dispute. The agreement must provide for the method of selecting one fact finder from this list.
(c) For the collection of assessments from the owners to pay obligations which may be due to the developer for breach of the covenant to maintain the premises in good condition and repair.
If the developer is not made a party to this agreement, the developer shall be considered to be a third-party beneficiary of such an agreement.
5. The provisions of this section and NRS 119A.532 and 119A.534 do not apply to the management of a project located outside of this State.
(Added to NRS by 1983, 989; A 1985, 1461; 2001, 2509; 2013, 3528; 2017, 1102)
Structure Nevada Revised Statutes
NRS 119A.020 - "Administrator" defined.
NRS 119A.030 - "Affiliate of the developer" defined.
NRS 119A.031 - "Affiliate of the manager" defined.
NRS 119A.032 - "Association" defined.
NRS 119A.033 - "Blanket encumbrance" defined.
NRS 119A.034 - "Board" defined.
NRS 119A.035 - "Branch office" defined.
NRS 119A.036 - "Common area" defined.
NRS 119A.038 - "Component site" defined.
NRS 119A.040 - "Developer" defined.
NRS 119A.041 - "Developer’s reserved rights" defined.
NRS 119A.050 - "Division" defined.
NRS 119A.052 - "Limited common area" defined.
NRS 119A.054 - "Manager" defined.
NRS 119A.055 - "Material change" defined.
NRS 119A.056 - "Owner" defined.
NRS 119A.058 - "Permanent identifying number" defined.
NRS 119A.060 - "Permit" defined.
NRS 119A.070 - "Person" defined.
NRS 119A.080 - "Project" defined.
NRS 119A.090 - "Project broker" defined.
NRS 119A.100 - "Public offering statement" defined.
NRS 119A.110 - "Purchaser" defined.
NRS 119A.120 - "Representative" defined.
NRS 119A.130 - "Sales agent" defined.
NRS 119A.133 - "Sales and marketing entity" defined.
NRS 119A.137 - "Statement of record" defined.
NRS 119A.140 - "Time share" defined.
NRS 119A.150 - "Time-share instrument" defined.
NRS 119A.152 - "Time-share plan" defined.
NRS 119A.153 - "Time-share resale" defined.
NRS 119A.156 - "Time-share resale broker" defined.
NRS 119A.160 - "Unit" defined.
NRS 119A.170 - Applicability of this chapter and chapter 645 of NRS.
NRS 119A.174 - Applicability of local ordinances, regulations and building codes.
NRS 119A.180 - Classification of interest of purchaser.
NRS 119A.200 - Limitation on licensing by local governments.
NRS 119A.205 - Technology Account.
NRS 119A.220 - Sales agents: Association with project broker.
NRS 119A.230 - Sales agents: Disciplinary actions.
NRS 119A.233 - Provisional sales agents: Qualifications; employment with project broker.
NRS 119A.268 - Branch offices.
NRS 119A.270 - Developers: Prohibited acts.
NRS 119A.280 - Developers: Order to cease; hearing; agreement in lieu of order.
NRS 119A.290 - Preliminary permits.
NRS 119A.300 - Requirements for issuance of initial permit.
NRS 119A.310 - Grounds for denial of permit; burden of proof.
NRS 119A.320 - Period for action on application.
NRS 119A.340 - Issuance of permit before completion of project.
NRS 119A.350 - Investigation of applicants; expenses.
NRS 119A.355 - Renewal of permit.
NRS 119A.357 - Requirement to notify Division in writing of certain convictions.
NRS 119A.365 - Disciplinary action for failure to pay money to Division.
NRS 119A.380 - Requirements for time-share instruments.
NRS 119A.385 - Description of time share.
NRS 119A.390 - Reservation to purchase time share.
NRS 119A.410 - Right to cancel contract of sale.
NRS 119A.420 - Deposits to be placed in escrow account; surety bond in lieu of escrow account.
NRS 119A.430 - Requirements for closing of sale of time share.
NRS 119A.460 - Requirements for trusts.
NRS 119A.470 - Conveyance of project to trustee before close of escrow for first sale.
NRS 119A.475 - Action by purchaser or Administrator for misrepresentation or other violation.
NRS 119A.480 - Requirements if developer holds leasehold interest.
NRS 119A.495 - Withdrawal of units from time-share plan; conditions of withdrawal; exceptions.
NRS 119A.497 - Relocation of boundaries between adjoining units.
NRS 119A.500 - Partition of unit.
NRS 119A.510 - Replacement or compensation if unit unavailable.
NRS 119A.520 - Members of association for time-share plan; incorporation of association; proxies.
NRS 119A.522 - Period of developer’s control of association; representation of owners on board.
NRS 119A.524 - Reserved rights of developer.
NRS 119A.528 - Removal of member of board; indemnification and defense of member of board.
NRS 119A.534 - Disclosure statement to be submitted by certain managers; regulations.
NRS 119A.540 - Annual budget; assessments for unsold time shares.
NRS 119A.550 - Assessment upon time share; notice of assessment; liens; enforcement of liens.
NRS 119A.552 - Statement of unpaid assessments.
NRS 119A.560 - Power of sale; notice of sale.
NRS 119A.590 - Information to be furnished to purchasers by developer.
NRS 119A.600 - Information to be furnished by company offering program.
NRS 119A.630 - Administrator to appoint hearing officer.
NRS 119A.640 - Powers of Administrator or hearing officer.
NRS 119A.650 - District court to enforce Administrator’s subpoenas.
NRS 119A.652 - Inspections by Division; penalty for failure to cooperate; regulations.
NRS 119A.654 - Disciplinary action against developer.
NRS 119A.660 - Enforcement of chapter and protection of purchasers by Administrator.
NRS 119A.665 - Appointment of receiver.
NRS 119A.670 - Action by Real Estate Commission against project broker or supervising licensee.
NRS 119A.690 - Falsifying application; failure to submit annual report.
NRS 119A.700 - False or misleading advertising.
NRS 119A.710 - Unfair methods of competition; deceptive or unfair acts.