Senate Bill No. 240–Senator Jacobsen (by request)
February 23, 1999
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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.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
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: 38.300 As used in NRS 38.300 to 38.360, inclusive, unless the context1-3
otherwise requires:1-4
1. "Assessments" means:1-5
(a) Any charge which an association may impose against an owner of1-6
residential property pursuant to a declaration of covenants, conditions and1-7
restrictions, including , without limitation, any late charges, interest and1-8
costs of collecting the charges; and1-9
(b) Any fines, fees and other charges which may be imposed by an1-10
association pursuant to paragraphs (j), (k) and (l) of subsection 1 of NRS1-11
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 equitable1-14
relief. The term does not include1-15
(a) An action in equity for injunctive relief in which there is an1-16
immediate threat of irreparable harm1-17
(b) An action relating to the title to residential property2-1
(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 of2-3
business and industry.2-4
5. "Residential property" includes, but is not limited to, real estate2-5
within a planned community subject to the provisions of chapter 116 of2-6
NRS. The term does not include commercial property if no portion thereof2-7
contains property which is used for residential purposes.~