Assembly Bill No. 21–Assemblymen Bache and Giunchigliani

Prefiled January 8, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes relating to common-interest communities. (BDR 10-13)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to common-interest communities; providing for the use of secret ballots for voting in an election for the officers and members of the executive board of a unit-owners’ association in certain common-interest communities; prohibiting discrimination in common-interest communities; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 116 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. After the secretary of a unit-owners’ association has registered all

1-4 proxies to be used at a meeting of the association, upon request for a

1-5 secret ballot for the election of the officers and members of the executive

1-6 board, all voting at the meeting of the association related to that election

1-7 must be by secret ballot.

1-8 2. If a vote is taken by secret ballot, the president shall appoint tellers

1-9 to count the ballots cast, unless the governing documents of the

1-10 association provide otherwise.

1-11 Sec. 2. NRS 116.1203 is hereby amended to read as follows:

1-12 116.1203 1. Except as otherwise provided in subsection 2, if a

1-13 planned community:

1-14 (a) Contains no more than 12 units and is not subject to any

1-15 developmental rights; or

2-1 (b) Provides, in its declaration, that the annual average liability for

2-2 common expenses of all units restricted to residential purposes, exclusive of

2-3 optional users’ fees and any insurance premiums paid by the association,

2-4 may not exceed $500 per unit,

2-5 [it] the planned community is subject only to NRS 116.1105, 116.1106 and

2-6 116.1107 unless the declaration provides that this entire chapter is

2-7 applicable.

2-8 2. Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138,

2-9 the provisions of NRS 116.3101 to 116.3119, inclusive, and section 1 of

2-10 this act, and , [116.11031 to 16.110393, inclusive,] to the extent necessary

2-11 in construing any of those sections, NRS 116.11031 to 116.110393,

2-12 inclusive, apply to a residential planned community containing more than

2-13 six units.

2-14 Sec. 3. NRS 116.1204 is hereby amended to read as follows:

2-15 116.1204 Except as otherwise provided in NRS 116.1205, the

2-16 provisions of NRS 116.1105, 116.1106, 116.1107, 116.2103, 116.2104 and

2-17 116.2121, paragraphs (a) to (f), inclusive, and (k) to (r), inclusive, of

2-18 subsection 1 of NRS 116.3102, NRS 116.3103, 116.31031, 116.31036,

2-19 116.3106, 116.31065, 116.3108 to 116.3111, inclusive, 116.31139,

2-20 116.31145 to 116.31168, inclusive, 116.3118, 116.4109, 116.41095 and

2-21 116.4117, and section 1 of this act, and , [NRS 116.11031 to 116.110393,

2-22 inclusive,] to the extent necessary in construing any of those sections, NRS

2-23 116.11031 to 116.110393, inclusive, apply to a common-interest

2-24 community created in this state before January 1, 1992, if the common-

2-25 interest community levies an annual assessment against each unit in the

2-26 common-interest community of $500 or more on or after July 1, 1998.

2-27 Sec. 4. Chapter 118 of NRS is hereby amended by adding thereto a

2-28 new section to read as follows:

2-29 1. The provisions of NRS 118.010 to 118.120, inclusive, apply to a

2-30 common-interest community. The declaration and bylaws of a common-

2-31 interest community may not contain any provision the application of

2-32 which would violate those statutory provisions.

2-33 2. As used in this section, "common-interest community" has the

2-34 meaning ascribed to it in NRS 116.110323.

2-35 Sec. 5. NRS 118.010 is hereby amended to read as follows:

2-36 118.010 The provisions of NRS 118.010 to 118.120, inclusive, and

2-37 section 4 of this act may be cited as the Nevada Fair Housing Law.

2-38 Sec. 6. Any declaration or bylaw of a common-interest community in

2-39 effect on October 1, 1999, that does not conform to sections 1 and 4 of this

2-40 act, as appropriate, shall be deemed to have been conformed to those

2-41 sections by operation of law. Notwithstanding any other provision of law to

2-42 the contrary, not later than October 1, 2000, any such provision of a

3-1 declaration or bylaw must be changed to conform with section 1 or 4 of this

3-2 act, as appropriate, and may be so changed without complying with the

3-3 procedural requirements generally applicable to the adoption of an

3-4 amendment to such a declaration or bylaw.

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