Assembly Bill No. 38–Assemblyman Gustavson
Prefiled January 25, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Authorizes notice of meetings of units’
owners and executive boards of associations of common-interest communities to
be sent by electronic mail upon request. (BDR 10‑279)
FISCAL NOTE: Effect on Local Government: 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).
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section
1. NRS 116.3108 is hereby
amended to read as follows:
1-2 116.3108 1. A
meeting of the units’ owners of an association must
1-3 be held at least once each year. If the governing
documents of a common-
1-4 interest community do not designate an annual
meeting date of the units’
1-5 owners, a meeting of the units’ owners must be held
1 year after the date of
1-6 the last meeting of the units’ owners. If the units’
owners have not held a
1-7 meeting for 1 year, a meeting of the units’ owners
must be held on the
1-8 following March 1. Special meetings of the units’
owners of an association
1-9 may be called by the president, a majority of the
executive board or by
1-10 units’ owners having 10 percent, or any lower
percentage specified in the
1-11 bylaws, of the votes in the association.
1-12 2. Not less than 10 nor more than 60 days in
advance of any meeting
1-13 of the units’ owners of an association, the
secretary or other officer
1-14 specified in the bylaws shall cause notice of the
meeting to be hand-
1-15 delivered , [or] sent prepaid by United
States mail to the mailing address of
1-16 each unit or to any other mailing address designated in
writing by the unit’s
1-17 owner [. ] or, at the request of the unit’s owner,
sent by electronic mail to
1-18 an electronic
mail address designated in writing by the unit’s owner. The
1-19 notice of the meeting must state the time and place
of the meeting and
2-1 include a copy of the agenda for the meeting. The
notice must include
2-2 notification of the right of a unit’s owner to:
2-3 (a) Have a
copy of the minutes or a summary of the minutes of the
2-4 meeting distributed to him upon request and, if
required by the executive
2-5 board, upon payment to the association of the cost
of making the
2-6 distribution.
2-7 (b) Speak to
the association or executive board, unless the executive
2-8 board is meeting in executive session.
2-9 3. The agenda for a meeting of the units’ owners
must consist of:
2-10 (a) A clear
and complete statement of the topics scheduled to be
2-11 considered during the meeting, including, without
limitation, any proposed
2-12 amendment to the declaration or bylaws, any fees or
assessments to be
2-13 imposed or increased by the association, any
budgetary changes and any
2-14 proposal to remove an officer or member of the
executive board.
2-15 (b) A list
describing the items on which action may be taken and clearly
2-16 denoting that action may be taken on those items. In
an emergency, the
2-17 units’ owners may take action on an item which is
not listed on the agenda
2-18 as an item on which action may be taken.
2-19 (c) A period
devoted to comments by units’ owners and discussion of
2-20 those comments. Except in emergencies, no action may
be taken upon a
2-21 matter raised under this item of the agenda until
the matter itself has been
2-22 specifically included on an agenda as an item upon
which action may be
2-23 taken pursuant to paragraph (b).
2-24 4. If the association adopts a policy imposing a
fine on a unit’s owner
2-25 for the violation of the declaration, bylaws or
other rules established by the
2-26 association, the secretary or other officer
specified in the bylaws shall
2-27 prepare and cause to be hand-delivered or sent
prepaid by United States
2-28 mail to the mailing address of each unit or to any
other mailing address
2-29 designated in writing by the unit’s owner, a
schedule of the fines that may
2-30 be imposed for those violations.
2-31 5. Not more than 30 days after any meeting of
the units’ owners, the
2-32 secretary or other officer specified in the bylaws
shall cause the minutes or
2-33 a summary of the minutes of the meeting to be made
available to the units’
2-34 owners. A copy of the minutes or a summary of the
minutes must be
2-35 provided to any unit’s owner who pays the
association the cost of
2-36 providing the copy to him.
2-37 6. As used in this section, “emergency” means
any occurrence or
2-38 combination of occurrences that:
2-39 (a) Could not
have been reasonably foreseen;
2-40 (b) Affects
the health, welfare and safety of the units’ owners of the
2-41 association;
2-42 (c) Requires
the immediate attention of, and possible action by, the
2-43 executive board; and
2-44 (d) Makes it
impracticable to comply with the provisions of subsection
2-45 2 or 3.
2-46 Sec. 2. NRS
116.31083 is hereby amended to read as follows:
2-47 116.31083 1. A
meeting of the executive board of an association
2-48
must be held at least once every 90 days.
3-1 2. Except in an emergency or unless the bylaws
of an association
3-2 require a longer period of notice, the secretary or
other officer specified in
3-3 the bylaws of the association shall, not less than
10 days before the date of
3-4 a meeting of the executive board, cause notice of
the meeting to be given to
3-5 the units’ owners. Such notice must be:
3-6 (a) Sent
prepaid by United States mail to the mailing address of each
3-7 unit within the common-interest community or to any
other mailing
3-8 address designated in writing by the unit’s owner;
3-9 (b) At the request of a unit’s owner, sent by
electronic mail to an
3-10 electronic mail
address designated in writing by the unit’s owner; or
3-11 [(b)]
(c) Published in a
newsletter or other similar publication that is
3-12 circulated to each unit’s owner.
3-13 3. In an emergency, the secretary or other
officer specified in the
3-14 bylaws of the association shall, if practicable, cause
notice of the meeting
3-15 to be sent prepaid by United States mail to the
mailing address of each unit
3-16 within the common-interest community. If delivery of
the notice in this
3-17 manner is impracticable, the notice must be
hand-delivered to each unit
3-18 within the common-interest community or posted in a
prominent place or
3-19 places within the common elements of the
association.
3-20 4. The notice of a meeting of the executive
board of an association
3-21 must state the time and place of the meeting and
include a copy of the
3-22 agenda for the meeting or the date on which and the
locations where copies
3-23 of the agenda may be conveniently obtained by the
units’ owners of the
3-24 association. The notice must include notification of
the right of a unit’s
3-25 owner to:
3-26 (a) Have a
copy of the minutes or a summary of the minutes of the
3-27 meeting distributed to him upon request and, if
required by the executive
3-28 board, upon payment to the association of the cost
of making the
3-29 distribution.
3-30 (b) Speak to
the association or executive board, unless the executive
3-31 board is meeting in executive session.
3-32 5. The agenda of the meeting of the executive
board of an association
3-33 must comply with the provisions of subsection 3 of
NRS 116.3108. The
3-34 period required to be devoted to comments by units’
owners and discussion
3-35 of those comments must be scheduled for the
beginning of each meeting.
3-36 In an emergency, the executive board may take action
on an item which is
3-37 not listed on the agenda as an item on which action
may be taken.
3-38 6. At least once every 90 days, unless the
declaration or bylaws of the
3-39 association impose more stringent standards, the
executive board shall
3-40 review at one of its meetings:
3-41 (a) A current
reconciliation of the operating account of the association;
3-42 (b) A current
reconciliation of the reserve account of the association;
3-43 (c) The
actual revenues and expenses for the reserve account, compared
3-44 to the budget for that account for the current year;
3-45 (d) The
latest account statements prepared by the financial institutions
3-46 in which the accounts of the association are
maintained;
3-47 (e) An income
and expense statement, prepared on at least a quarterly
3-48 basis, for the operating and reserve accounts of the
association; and
4-1 (f) The
current status of any civil action or claim submitted to
4-2 arbitration or mediation in which the association is
a party.
4-3 7. The minutes of a meeting of the executive
board of an association
4-4 must be made available to the units’ owners in accordance
with the
4-5 provisions of subsection 5 of NRS 116.3108.
4-6 8. As used in this section, “emergency” means
any occurrence or
4-7 combination of occurrences that:
4-8 (a) Could not
have been reasonably foreseen;
4-9 (b) Affects
the health, welfare and safety of the units’ owners of the
4-10 association;
4-11 (c) Requires
the immediate attention of, and possible action by, the
4-12 executive board; and
4-13 (d) Makes it
impracticable to comply with the provisions of subsection
4-14 2 or 5.
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