1. The power of sale may not be exercised until:
(a) The developer or the association, its agent or attorney has first executed and caused to be recorded with the recorder of the county wherein the project is located a notice of default and election to sell the time share or cause its sale to satisfy the assessment lien; and
(b) The owner or his or her successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement for 60 days computed as prescribed in subsection 2.
2. The 60-day period provided in subsection 1 begins on the first day following the day upon which the notice of default and election to sell is recorded and a copy of the notice is mailed by certified or registered mail with postage prepaid to the owner or to his or her successor in interest at the owner’s address if that address is known, otherwise to the address of the project. The notice must describe the deficiency in payment.
3. The developer or the association, its agent or attorney shall, after expiration of the 60-day period and before selling the time share, give notice of the time and place of the sale in the manner and for a time not less than that required for the sale of real property upon execution, except that:
(a) A copy of the notice of sale must be mailed on or before the first publication or posting required by NRS 21.130 by certified or registered mail with postage prepaid to the owner or to his or her successor in interest at the owner’s address if that address is known, otherwise to the address of the project; and
(b) In lieu of publishing a copy of the notice of sale in a newspaper pursuant to the provisions of NRS 21.130, the notice of sale may be given by posting a copy of the notice and a declaration pursuant to NRS 53.045 on a form prescribed by the Division pursuant to subsection 6 for 3 successive weeks on an Internet website and publishing three times, once a week for 3 successive weeks, in a newspaper, if there is one in the county, a statement in at least 10-point bold type, which includes, without limitation:
(1) A statement that the notice of sale for the foreclosure of the time share is posted on an Internet website;
(2) The Internet address where the notice is posted;
(3) The name of the record owner and the permanent identification number of each time share;
(4) The name and street address of the property in which the time share is located; and
(5) A statement of the date, time and place of the sale.
A statement published in a newspaper pursuant to this paragraph may include the information required for a notice of sale for one or more time shares.
4. The sale may be made at the office of the developer or the association if the notice so provided, whether the project is located within the same county as the office of the developer or the association or not.
5. Every sale made under the provisions of NRS 119A.550 vests in the purchaser the title of the owner without equity or right of redemption.
6. The Division shall prepare a form for a declaration pursuant to NRS 53.045 that a developer or association must post on an Internet website with a notice of sale pursuant to paragraph (b) of subsection 3.
(Added to NRS by 1983, 992; A 2001, 2511; 2011, 3534)
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.