Senate Bill No. 240–Senator Jacobsen (by request)

February 23, 1999

____________

Referred to Committee on Judiciary

 

SUMMARY—Excludes certain actions from mediation and arbitration requirement for certain claims relating to residential property within common-interest community. (BDR 3-1044)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

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 ownership; excluding small claims actions from the requirement of mediation and arbitration for certain claims relating to residential property within a common-interest community; 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. NRS 38.300 is hereby amended to read as follows:

1-2 38.300 As used in NRS 38.300 to 38.360, inclusive, unless the context

1-3 otherwise requires:

1-4 1. "Assessments" means:

1-5 (a) Any charge which an association may impose against an owner of

1-6 residential property pursuant to a declaration of covenants, conditions and

1-7 restrictions, including , without limitation, any late charges, interest and

1-8 costs of collecting the charges; and

1-9 (b) Any fines, fees and other charges which may be imposed by an

1-10 association pursuant to paragraphs (j), (k) and (l) of subsection 1 of NRS

1-11 116.3102.

1-12 2. "Association" has the meaning ascribed to it in NRS 116.110315.

1-13 3. "Civil action" includes an action for money damages or equitable

1-14 relief. The term does not include [an] :

1-15 (a) An action in equity for injunctive relief in which there is an

1-16 immediate threat of irreparable harm [, or an] ;

1-17 (b) An action relating to the title to residential property [.] ; or

2-1 (c) An action for a small claim pursuant to chapter 73 of NRS.

2-2 4. "Division" means the real estate division of the department of

2-3 business and industry.

2-4 5. "Residential property" includes, but is not limited to, real estate

2-5 within a planned community subject to the provisions of chapter 116 of

2-6 NRS. The term does not include commercial property if no portion thereof

2-7 contains property which is used for residential purposes.

~