(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to common-interest communities; authorizing the notice of meetings of units’ owners and executive boards of associations of common-interest communities to be sent by electronic mail upon request; 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 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 orto any other mailing address designated in writing by the unit’s

1-17  owner[. ] or, if the association offers to send notice by electronic mail,

1-18  sent by electronic mail at the request of the unit’s owner to an electronic

1-19  mail address designated in writing by the unit’s owner. The notice of the

1-20  meeting must state the time and place of the meeting and include a copy of

2-1  the agenda for the meeting. The notice must include notification of the

2-2  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) If the association offers to send notice by electronic mail, sent by

3-10  electronic mail at the request of the unit’s owner to an electronic mail

3-11  address designated in writing by the unit’s owner; or

3-12    [(b)] (c) Published in a newsletter or other similar publication that is

3-13  circulated to each unit’s owner.

3-14    3.  In an emergency, the secretary or other officer specified in the

3-15  bylaws of the association shall, if practicable, cause notice of the meeting

3-16  to be sent prepaid by United States mail to the mailing address of each unit

3-17  within the common-interest community. If delivery of the notice in this

3-18  manner is impracticable, the notice must be hand-delivered to each unit

3-19  within the common-interest community or posted in a prominent place or

3-20  places within the common elements of the association.

3-21    4.  The notice of a meeting of the executive board of an association

3-22  must state the time and place of the meeting and include a copy of the

3-23  agenda for the meeting or the date on which and the locations where copies

3-24  of the agenda may be conveniently obtained by the units’ owners of the

3-25  association. The notice must include notification of the right of a unit’s

3-26  owner to:

3-27    (a) Have a copy of the minutes or a summary of the minutes of the

3-28  meeting distributed to him upon request and, if required by the executive

3-29  board, upon payment to the association of the cost of making the

3-30  distribution.

3-31    (b) Speak to the association or executive board, unless the executive

3-32  board is meeting in executive session.

3-33    5.  The agenda of the meeting of the executive board of an association

3-34  must comply with the provisions of subsection 3 of NRS 116.3108. The

3-35  period required to be devoted to comments by units’ owners and discussion

3-36  of those comments must be scheduled for the beginning of each meeting.

3-37  In an emergency, the executive board may take action on an item which is

3-38  not listed on the agenda as an item on which action may be taken.

3-39    6.  At least once every 90 days, unless the declaration or bylaws of the

3-40  association impose more stringent standards, the executive board shall

3-41  review at one of its meetings:

3-42    (a) A current reconciliation of the operating account of the association;

3-43    (b) A current reconciliation of the reserve account of the association;

3-44    (c) The actual revenues and expenses for the reserve account, compared

3-45  to the budget for that account for the current year;

3-46    (d) The latest account statements prepared by the financial institutions

3-47  in which the accounts of the association are maintained;

3-48    (e) An income and expense statement, prepared on at least a quarterly

3-49  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.

 

4-15  H