1-3 or any final process from any court, except as otherwise provided by

1-4 subsections 2, 3 and 5.

1-5 2. The exemption provided in subsection 1 extends only to that

1-6 amount of equity in the property held by the claimant which does not

1-7 exceed $125,000 in value, unless allodial title has been established and not

1-8 relinquished, in which case the exemption provided in subsection 1 extends

1-9 to all equity in the dwelling, its appurtenances and the land on which it is

1-10 located.

1-11 3. Except as otherwise provided in subsection 4, the exemption

1-12 provided in subsection 1 does not extend to process to enforce the payment

1-13 of obligations contracted for the purchase of the property, or for

1-14 improvements made thereon, including any mechanic’s lien lawfully

1-15 obtained, or for legal taxes, or for:

2-32 eminent domain pursuant to the provisions of this chapter.

2-33 2. As used in this section [, "unit-owners’ association" has the

2-34 meaning ascribed to it in NRS 116.110315.] :

2-35 (a) "Unit-owners’ association" means a unit-owners’ association that

2-36 consists exclusively of all units’ owners in a common-interest community

2-37 or, following termination of the common-interest community, of all

2-38 owners of former units entitled to distribution of proceeds, or their heirs,

2-39 successors or assigns.

2-40 (b) "Common-interest community" has the meaning ascribed to it in

3-29 otherwise requires [:

3-30 1. "Assessments" means:

3-31 (a) Any charge which an association may impose against an owner of

3-32 residential property pursuant to a declaration of covenants, conditions and

3-33 restrictions, including any late charges, interest and costs of collecting the

3-34 charges; and

3-35 (b) Any fines, fees and other charges which may be imposed by an

3-36 association pursuant to paragraphs (j), (k) and (l) of subsection 1 of NRS

3-37 116.3102.

3-38 2. "Association" has the meaning ascribed to it in NRS 116.110315.

3-39 3. "Civil action" includes an action for money damages or equitable

3-40 relief. The term does not include an action in equity for injunctive relief in

3-41 which there is an immediate threat of irreparable harm, or an action

4-11 (a) The interpretation, application or enforcement of any covenants,

4-12 conditions or restrictions applicable to residential property or any bylaws,

4-13 rules or regulations adopted by an association; or

4-14 (b) The procedures used for increasing, decreasing or imposing

4-15 additional assessments upon residential property,

4-16 may be commenced in any court in this state unless the action has been

4-17 submitted to mediation or arbitration pursuant to the provisions of NRS

4-18 38.300 to 38.360, inclusive, and, if the civil action concerns real estate

4-19 within a [planned community subject to the provisions of chapter 116 of

4-20 NRS,] common-interest community, all administrative procedures

4-21 specified in any covenants, conditions or restrictions applicable to the

4-22 property or in any bylaws, rules and regulations of an association have

4-23 been exhausted.

4-24 2. A court shall dismiss any civil action which is commenced in

4-27 new section to read as follows:

4-28 "Common-interest community" has the meaning ascribed to it in

4-32 otherwise requires, a "mortgage or other lien" includes a deed of trust, but

4-33 does not include a lien which arises pursuant to chapter 108 of NRS,

4-34 pursuant to an assessment under chapter [116,] 117, 119A or 278A of NRS

4-38 this act, unless the context otherwise requires, the words and terms defined

4-39 in NRS 40.605 to 40.630, inclusive, and section 12 of this act have the

5-6 1. In which the claimant is a representative of a homeowner’s

5-7 association that is responsible for a residence or for an appurtenance and is

5-8 acting within the scope of his duties as a representative of a

5-9 common-interest community or pursuant to chapter [116 or] 117 of NRS;

5-10 or

5-11 2. That involves five or more separate residences at the time the action

5-15 on or before the first day of the second month after the filing of its articles

5-16 of incorporation with the secretary of state, file with the secretary of state a

5-17 list, on a form furnished by him, containing:

5-18 (a) The name of the corporation;

5-19 (b) The file number of the corporation, if known;

5-20 (c) The names and titles of all of its required officers and the names of

5-21 all of its directors;

5-22 (d) The mailing or street address, either residence or business, of each

5-23 officer and director listed, following the name of the officer or director;

5-24 and

5-25 (e) The signature of an officer of the corporation certifying that the list

5-26 is true, complete and accurate.

5-27 2. The corporation shall annually thereafter, on or before the last day

5-28 of the month in which the anniversary date of incorporation occurs in each

5-29 year, file with the secretary of state, on a form furnished by him, an

5-30 amended list containing all of the information required in subsection 1. If

5-31 the corporation has had no changes in its required officers and directors

5-32 since its previous list was filed, no amended list need be filed if an officer

5-33 of the corporation certifies to the secretary of state as a true and accurate

5-34 statement that no changes in the required officers or directors has occurred.

5-35 3. Upon filing a list of officers and directors, or certifying that no

5-36 changes have occurred, the corporation shall pay to the secretary of state a

5-37 fee of $85.

5-38 4. The secretary of state shall, 60 days before the last day for filing the

5-39 annual list required by subsection 2, cause to be mailed to each corporation

5-40 which is required to comply with the provisions of NRS 78.150 to 78.185,

5-41 inclusive, and which has not become delinquent, a notice of the fee due

6-19 [116.2109 and] 278.374 to 278.378, inclusive, must appear on a final map

6-23 map presented for filing must include a certificate signed and

6-24 acknowledged, in the manner provided in NRS 240.1665 or 240.167, by

6-25 each person who is an owner of the land:

6-26 (a) Consenting to the preparation and recordation of the final map.

6-27 (b) Offering for dedication that part of the land which the person wishes

6-28 to dedicate for public use, subject to any reservation contained therein.

6-29 (c) Reserving any parcel from dedication.

6-30 (d) Granting any permanent easement for utility installation or access,

6-31 as designated on the final map, together with a statement approving [such]

6-32 the easement, signed by the public utility or person in whose favor the

6-33 easement is created or whose services are required.

6-34 2. [If the map presented for filing is an amended map of a common-

6-35 interest community, the certificate need only be signed and acknowledged

6-36 by a person authorized to record the map under chapter 116 of NRS.

6-37 3.] A final map of a common-interest community presented for

6-38 recording and, if required by local ordinance, a final map of any other

6-39 subdivision presented for recording must include:

6-40 (a) A report from a title company in which the title company certifies

6-41 that it has issued a guarantee for the benefit of the local government which

6-42 lists the names of:

7-29 which portions of the real estate are designated for separate ownership

7-30 and the remainder of the real estate is designated for common ownership

7-31 solely by the owners of those portions. A common-interest community is

7-32 not a condominium unless the undivided interests in the common

7-35 which the real estate is owned by an association, each of whose members

7-36 is entitled by virtue of his ownership in the association to exclusive

7-39 concert who:

7-40 1. As part of a common promotional plan, offers to dispose of his or

7-41 its interest in a unit not previously disposed of; or

8-2 common-interest community in which all or a portion of the real estate is

8-3 subject to a lease the expiration or termination of which will terminate

8-6 community that is not a condominium or a cooperative. A condominium

8-9 owns a unit, or a lessee of a unit in a leasehold common-interest

8-10 community whose lease expires simultaneously with a lease the

8-11 expiration or termination of which will remove the unit from the

8-12 common-interest community, but does not include a person having an

8-13 interest in a unit solely as security for an obligation. In a condominium

8-14 or planned community, the declarant is the owner of a unit created by the

8-15 declaration until that unit is conveyed to another person. In a

8-16 cooperative, the declarant is treated as the owner of a unit to which

8-17 allocated interests have been allocated until that unit has been conveyed

8-20 of common open space has a lien on a unit for any assessment levied

8-21 against that unit or fines imposed against the unit’s owner from the time

8-22 the assessment or fine becomes due. Unless the declaration otherwise

8-23 provides, fees, charges, late charges, fines and interest charged for:

8-24 (a) The use, rental or operation of the common elements, other than

8-25 common elements that serve only one unit, even if located outside the

8-26 boundaries of that unit;

8-27 (b) Services provided to the units’ owners;

8-28 (c) Violation of the declaration, bylaws, rules and regulations of the

8-29 association after an opportunity to be heard; and

8-30 (d) The preparation and recordation of amendments to the

8-31 declaration, the information required for resale of a unit or statements of

8-32 unpaid assessments;

8-33 are enforceable as assessments under this section. If an assessment is

8-34 payable in installments, the full amount of the assessment is a lien from

8-35 the time the first installment thereof becomes due.

8-36 2. A lien under this section is prior to all other liens and

8-37 encumbrances on a unit except:

8-38 (a) Liens and encumbrances recorded before the recordation of the

8-39 declaration and, in a cooperative, liens and encumbrances that the

8-40 organization for the ownership and maintenance of common open space

8-41 creates, assumes or takes subject to;

8-42 (b) A first security interest on the unit recorded before the date on

10-5 condominium, a cooperative where the declaration provides that the

10-6 interest of a unit’s owner in a unit is real estate for all purposes, a

10-7 planned community or an organization for the ownership and

10-8 maintenance of common open space, the organization or association may

10-9 foreclose its lien by sale after:

10-10 (a) The organization or association has mailed by certified or

10-11 registered mail, return receipt requested, to the unit’s owner or his

10-12 successor in interest, at his address if known, and at the address of the

10-13 unit, a notice of delinquent assessment that states the amount of the

10-14 assessments and other sums which are due in accordance with subsection

10-15 1 of section 30 of this act, a description of the unit against which the lien

10-16 is imposed, and the name of the record owner of the unit;

10-17 (b) The organization, association or other person conducting the sale

10-18 has executed and caused to be recorded, with the county recorder of the

10-19 county in which the common-interest community or any part of it is

10-20 situated, a notice of default and election to sell the unit to satisfy the lien,

10-21 that contains the same information as the notice of delinquent

10-22 assessment, but must also describe the deficiency in payment and the

10-23 name and address of the person authorized by the organization or

10-24 association to enforce the lien by sale; and

10-25 (c) The unit’s owner or his successor in interest has failed to pay the

10-26 amount of the lien, including costs, fees and expenses incident to its

10-27 enforcement, for 60 days after the recording of the notice of default and

10-28 election to sell.

10-29 2. The notice of default and election to sell must be signed by the

10-30 person designated in the declaration or by the association for that

10-31 purpose, or if no one is designated, by the president of the organization

10-32 or association.

10-33 3. The period of 60 days begins on the first day following the later of:

10-34 (a) The day on which the notice of default is recorded; or

10-35 (b) The day on which a copy of the notice of default is mailed by

10-36 certified or registered mail, return receipt requested, to the unit’s owner

10-37 or his successor in interest at his address if known, otherwise to the

10-38 address of the unit.

10-39 4. The organization or association may not foreclose a lien by sale

10-40 for the assessment of a fine for a violation of the declaration, bylaws,

10-41 rules or regulations of the organization or association, unless the

10-42 violation is of a type that threatens the health and welfare of the residents

11-2 common open space or association or other person conducting the sale

11-3 shall also mail, within 10 days after the notice of default and election to

11-4 sell is recorded, a copy of the notice by first-class mail to:

11-5 1. Each person who has requested notice pursuant to NRS 107.090

11-6 or section 36 of this act;

11-7 2. A holder of a recorded security interest encumbering the interest

11-8 of the unit’s owner who has notified the association, 30 days before the

11-9 recordation of the notice of default, of the existence of the security

11-10 interest; and

11-11 3. A purchaser of the unit, if the unit’s owner has notified the

11-12 organization or association, 30 days before the recordation of the notice,

11-13 that the unit is the subject of a contract of sale and the organization or

11-14 association has been requested to furnish a certificate setting forth the

11-15 amount of the monthly assessment for common expenses and any unpaid

11-18 common open space, association or other person conducting the sale

11-19 shall also, after the expiration of the 60 days and before selling the unit:

11-20 1. Give notice of the time and place of the sale in the manner and for

11-21 a time not less than that required by law for the sale of real property

11-22 upon execution, except that a copy of the notice of sale must be mailed,

11-23 on or before the date of first publication or posting, by certified or

11-24 registered mail, return receipt requested, to the unit’s owner or his

11-25 successor in interest at his address if known, and to the address of the

11-26 unit.

11-27 2. Mail, on or before the date of first publication or posting, a copy

11-28 of the notice by first-class mail to:

11-29 (a) Each person entitled to receive a copy of the notice of default and

11-30 election to sell notice pursuant to section 32 of this act; and

11-31 (b) The holder of a recorded security interest or the purchaser of the

11-32 unit, if either of them has notified the organization or association, before

11-33 the mailing of the notice of sale, of the existence of the security interest,

11-36 organization for the ownership and maintenance of common open space

11-37 or part of it is situated, and may be conducted by the organization or

11-38 association, its agent or attorney, or a title insurance company or escrow

11-39 agent licensed to do business in this state, except that the sale may be

11-40 made at the office of the organization or association if the notice of the

11-41 sale so provided, whether the unit is located within the same county as

11-42 the office of the organization or association or not. The organization,

12-31 this act of:

12-32 (a) Default, the mailing of the notice of delinquent assessment, and

12-33 the recording of the notice of default and election to sell;

12-34 (b) The elapsing of the 60 days; and

12-35 (c) The giving of notice of sale,

12-36 are conclusive proof of the matters recited.

12-37 2. A deed containing the recitals made pursuant to section 34 of this

12-38 act is conclusive against the unit’s former owner, his heirs, successors

12-39 and assigns, and all other persons. The receipt for the purchase money

12-40 contained in such a deed is sufficient to discharge the purchaser from

13-5 of a lien of an organization or association as if a deed of trust were being

13-6 foreclosed. The request must identify the lien by stating the names of the

13-7 unit’s owner and the organization for the ownership and maintenance of

13-8 common open space.

13-9 2. An organization or association may, after recording a notice of

13-10 default and election to sell, waive the default and withdraw the notice or

13-11 any proceeding to foreclose. The organization or association is thereupon

13-12 restored to its former position and has the same rights as though the

13-16 requires, the words and terms defined in NRS 278A.040 to 278A.070,

13-17 inclusive, and sections 22 to 29, inclusive, of this act have the meanings

13-21 accept the dedication of land or any interest therein for public use and

13-22 maintenance, but the ordinance must not require, as a condition of the

13-23 approval of a planned unit development, that land proposed to be set aside

13-24 for common open space be dedicated or made available to public use. If

13-25 any land is set aside for common open space, the planned unit

13-26 development must be organized as a common-interest community [in one

13-27 of the forms permitted by chapter 116 of NRS.] , a condominium, a

13-28 cooperative, a leasehold common-interest community or a planned

13-29 community. The ordinance may require that the association for the

13-30 common-interest community may not be dissolved or dispose of any

13-31 common open space by sale or otherwise, without first offering to dedicate

13-32 the common open space to the city or county. That offer must be accepted

13-33 or rejected within 120 [days.] days after the offer to dedicate the common

13-37 the maintenance of common open space provided in [NRS 116.3116 to

13-38 116.31168,] sections 30 to 36, inclusive, of this act are [also] available to

13-39 any organization for the ownership and maintenance of common open

13-40 space established other than under this chapter [or chapter 116 of NRS]

13-41 and entitled to receive payments from owners of property for [such] the

13-42 maintenance under a recorded declaration of restrictions, deed restriction,

14-6 or county, must be certified without delay by the city or county and filed of

14-7 record in the office of the appropriate county recorder before any

14-8 development occurs in accordance with that plan. A county recorder shall

14-9 not file for record any final plan unless it includes:

14-10 (a) A final map of the entire final plan or an identifiable phase of the

14-11 final plan if required by the provisions of NRS 278.010 to 278.630,

14-12 inclusive; and

14-13 (b) The [certifications required pursuant to NRS 116.2109; and

14-14 (c) The same] certificates of approval [as are required under] required

14-15 pursuant to NRS 278.377 or evidence that:

14-16 (1) The approvals were requested more than 30 days before the date

14-17 on which the request for filing is made; and

14-18 (2) The agency has not refused its approval.

14-19 2. Except as otherwise provided in this subsection, after the plan is

14-20 recorded, the zoning and subdivision regulations otherwise applicable to

14-21 the land included in the plan cease to apply. If the development is

14-22 completed in identifiable phases, then each phase can be recorded. The

14-23 zoning and subdivision regulations cease to apply after the recordation of

14-24 each phase to the extent necessary to allow development of that phase.

14-25 3. Pending completion of the planned unit development, or of the part

14-26 that has been finally approved, no modification of the provisions of the

14-27 plan, or any part finally approved, may be made, nor may it be impaired by

14-28 any act of the city or county except with the consent of the landowner.

14-29 4. The county recorder shall collect a fee of $50, plus 50 cents per lot

14-30 or unit mapped, for the recording or filing of any final map, plat or plan.

14-31 The fee must be deposited in the general fund of the county where it is

14-35 terms "real estate broker" and "real estate salesman" do not include, any:

14-36 (a) Person who, as owner or lessor, performs any of the acts

14-37 [mentioned] set forth in NRS 645.030, 645.040, 645.230 and 645.260,

14-38 with reference to property owned or leased by them, or to the regular

14-39 employees thereof with respect to the property so owned or leased, where

14-40 those acts are performed in the regular course of or as an incident to the

14-41 management of [such] the property and the investment [therein.] in the

14-42 property. For the purposes of this paragraph, "management" means

16-3 against any person subject to that section who is guilty of:

16-4 1. Willfully using any trade name, service mark or insigne of

16-5 membership in any real estate organization of which the licensee is not a

16-6 member, without the legal right to do so.

16-7 2. Violating any order of the commission, any agreement with the

16-8 division, any of the provisions of this chapter, chapter [116,] 119, 119A,

16-9 119B, 645A or 645C of NRS or any regulation adopted thereunder.

16-10 3. Paying a commission, compensation or a finder’s fee to any person

16-11 for performing the services of a broker, broker-salesman or salesman who

16-12 has not first secured his license pursuant to this chapter. This subsection

16-13 does not apply to payments to a broker who is licensed in his state of

16-14 residence.

16-15 4. A felony, or has entered a plea of guilty, guilty but mentally ill or

16-16 nolo contendere to a charge of felony or any crime involving fraud, deceit,

16-17 misrepresentation or moral turpitude.

16-18 5. Guaranteeing, or having authorized or permitted any person to

16-19 guarantee, future profits which may result from the resale of real property.

16-20 6. Failure to include a fixed date of expiration in any written brokerage

16-21 agreement or to leave a copy of the brokerage agreement with the client.

16-22 7. Accepting, giving or charging any undisclosed commission, rebate

16-23 or direct profit on expenditures made for a client.

16-24 8. Gross negligence or incompetence in performing any act for which

16-25 he is required to hold a license pursuant to this chapter, chapter 119, 119A

16-26 or 119B of NRS.

16-27 9. Any other conduct which constitutes deceitful, fraudulent or

16-28 dishonest dealing.

16-29 10. Any conduct which took place before his being licensed, which

16-30 was in fact unknown to the division and which would have been grounds

16-31 for denial of a license had the division been aware of the conduct.

16-32 11. Knowingly permitting any person whose license has been revoked

16-33 or suspended to act as a real estate broker, broker-salesman or salesman,

16-34 with or on behalf of the licensee.

16-35 Action may also be taken pursuant to NRS 645.630 against a person

16-36 subject to that section for the suspension or revocation of a real estate

16-37 broker’s, broker-salesman’s or salesman’s license issued to him by any

17-31 116.110323 "Common-interest community" defined.

17-32 116.110325 "Condominium" defined.

17-34 116.11033 "Cooperative" defined.

17-36 116.110335 "Declarant" defined.

20-19 agenda for meetings; dissemination of schedule of fines imposed for

20-38 other charge paid by unit’s owner toward fine imposed against unit’s

20-41 required if assessment for capital improvement or commencement of

20-42 certain civil actions are to be considered; requirements for

21-26 registered with Securities and Exchange Commission or State of

21-39 damages for failure or refusal to comply with provisions of chapter or