2001 REGULAR SESSION (71st) A SB421 R1 1189
Adoption of this amendment will ADD a 2/3s majority vote requirement for final passage of SB421 R1 (§ 44).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, line 2, by deleting “43,” and inserting “20,”.
Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 3.
Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 through 8 as sections 4 through 6.
Amend the bill as a whole by deleting sec. 9 and renumbering sec. 10 as sec. 7.
Amend the bill as a whole by deleting sections 11 through 28, renumbering sections 29 through 35 as sections 9 through 15 and adding a new section designated sec. 8, following sec. 10, to read as follows:
“Sec. 8. In conducting any meetings, a rural agricultural residential common-interest community must comply with the provisions set forth in chapter 241 of NRS concerning open meetings which are generally applicable to public bodies.”.
Amend sec. 29, page 8, by deleting lines 13 and 14 and inserting:
“Sec. 9. An application for a certificate to act as a community manager must:”.
Amend sec. 29, page 8, line 16, by deleting “30” and inserting “10”.
Amend sec. 30, page 8, by deleting lines 18 and 19 and inserting:
“Sec. 10. 1. An applicant for a certificate to act as a community manager must”.
Amend sec. 30, page 8, line 26, by deleting “license or”.
Amend sec. 30, page 8, line 28, by deleting “license or”.
Amend sec. 31, page 8, by deleting lines 46 through 48 and inserting:
“permits issued to the holder of a certificate to act as a community manager, the division shall deem the certificate to be suspended at the end of”.
Amend sec. 31, page 9, line 1, by deleting “license or”.
Amend sec. 31, page 9, line 3, by deleting “license or”.
Amend sec. 31, page 9, line 5, by deleting:
“a license or”.
Amend sec. 31, page 9, line 8, by deleting “license or”.
Amend sec. 35, page 9, line 37, by deleting “A” and inserting:
“An officer or a”.
Amend sec. 35, page 9, line 47, after “to” by inserting:
“an officer or”.
Amend the bill as a whole by deleting sections 36 and 37 and renumbering sections 38 through 41 as sections 16 through 19.
Amend sec. 38, page 11, by deleting lines 28 through 31 and inserting:
“a common-interest community that has at least 2,000 units, some or all of the authority of the members of a master association may be exercised by delegates, including, without limitation, the voting rights of the members of the master association, if the declaration so provides.”.
Amend sec. 39, pages 11 and 12, by deleting lines 39 through 49 on page 11 and lines 1 through 9 on page 12 and inserting:
“constructing any common elements that will be added to the association’s common elements, the declarant is responsible for:
(a) Paying all expenses related to the common elements which are incurred before the conveyance of the common elements to the association; and
(b) Except as otherwise provided in NRS 116.31038, delivering to the association the declarant’s share of the amount specified in the study of reserves completed pursuant to subsection 2.
2. Before conveying the common elements to the association, the declarant shall deliver to the association a study of the reserves for the additional common elements which satisfies the requirements of NRS 116.31152.”.
Amend sec. 40, page 12, line 10, by deleting “In” and inserting:
“Except as otherwise provided in subsection 2, in”.
Amend sec. 40, page 12, by deleting lines 14 through 32 and inserting:
“commercial use only if:
(a) The governing documents of the association and any master association do not prohibit such use; and
(b) Persons entitled to cast at least a majority of the votes in the association and any master association approve the transient commercial use of the unit.
2. A declarant who owns or, directly or indirectly, has an interest in, one or more units within a planned community under the governing documents of the association that are restricted to residential use by the declaration, may not use that unit or one of those units for a transient commercial use.
3. The association and any master association may establish requirements for such use pursuant to subsection 1, including the payment of additional fees that are related to any increase in services or other costs associated with the transient commercial use of the unit.”.
Amend sec. 40, page 12, line 33, by deleting “5.” and inserting “4.”.
Amend the bill as a whole by deleting sec. 42 and renumbering sections 43 through 63 as sections 20 through 40.
Amend sec. 44, page 13, line 31, by deleting “9,” and inserting “6,”.
Amend sec. 46, page 13, lines 37 and 38, by deleting “[real estate]” and inserting “real estate”.
Amend sec. 47, page 14, line 26, after “office” by inserting:
“or the division”.
Amend sec. 47, page 14, by deleting lines 44 and 45 and inserting:
“(8) Whether a study of the reserves of the association exists and, if so, the date on which it was completed.”.
Amend sec. 48, page 15, line 6, by deleting:
“the commission and”.
Amend sec. 49, page 16, by deleting lines 1 through 3 and inserting:
“(d) Prohibit a common-interest community created before [January 1, 1992,] October 1, 1999, from providing for a representative form of government.”.
Amend sec. 49, page 16, by deleting line 6 and inserting:
“5. For the purposes of this section, the administrator”.
Amend sec. 52, page 18, line 9, by deleting “38” and inserting “16”.
Amend sec. 55, page 20, line 22, by deleting “unit’s owner” and inserting “person”.
Amend sec. 55, page 20, line 38, by deleting “38” and inserting “16”.
Amend sec. 57, page 21, line 36, by deleting “the” and inserting “a”.
Amend sec. 58, page 22, by deleting lines 13 through 16 and inserting:
“(a) The [person alleged to have violated the rule has received notice of the alleged violation that informs him of his opportunity to request a hearing on the alleged violation.] association has given written notice by regular mail to the unit’s owner that:”.
Amend sec. 58, page 22, by deleting lines 24 and 25 and inserting:
“(c) At least 30 days before the alleged violation, the [person alleged to have violated the rule] unit’s owner was given written notice of the rule or any”.
Amend sec. 59, page 24, line 3, after “the board” by inserting:
“and units’ owners”.
Amend sec. 63, page 26, line 41, by deleting “[real estate]” and inserting:
“[real estate commission] division”.
Amend sec. 63, page 27, by deleting lines 10 through 12 and inserting “disciplinary hearings.”.
Amend sec. 63, page 27, by deleting line 38 and inserting:
“acts solely as an officer or member of the executive board.”.
Amend the bill as a whole by deleting sec. 64 and renumbering sections 65 through 69 as sections 41 through 45.
Amend sec. 65, page 30, line 8, by deleting “[administrator] commission” and inserting “administrator”.
Amend sec. 66, page 30, line 13, by deleting “or 82.193,” and inserting:
“ [or 82.193,] 82.193 or 86.263,”.
Amend sec. 66, page 30, line 14, by deleting “[administrator] commission” and inserting “administrator”.
Amend sec. 66, page 30, lines 17 and 18, by deleting “[administrator] commission” and inserting “administrator”.
Amend section 66, page 30, by deleting lines 25 through 28 and inserting:
“office of the ombudsman for owners in common-interest communities and not on a basis which includes any subsidy for the office. In no event may the fees required to be paid pursuant to this”.
Amend sec. 68, page 31, by deleting lines 6 through 10 and inserting:
“(b) [The] Not less than 30 days after mailing the notice of delinquent assessment pursuant to paragraph (a), the association or other person”.
Amend sec. 68, page 31, line 18, by deleting “[(c)] (d)” and inserting “(c)”.
Amend sec. 68, page 31, line 20, by deleting “[60] 90” and inserting “60”.
Amend sec. 68, page 31, line 25, by deleting “[60] 90” and inserting “60”.
Amend sec. 68, page 31, line 27, by deleting “or” and inserting “[or]”.
Amend sec. 68, page 31, by deleting line 31 and inserting:
“unit [.] ; or
(c) The association has provided written certification to the ombudsman for owners in common-interest communities that notices have been given in accordance with subsection 1.”.
Amend the bill as a whole by renumbering sections 70 and 71 as sections 48 and 49 and adding new sections designated sections 46 and 47, following sec. 69, to read as follows:
“Sec. 46. NRS 116.4108 is hereby amended to read as follows:
116.4108 1. A person required to deliver a public offering statement pursuant to subsection 3 of NRS 116.4102 shall provide a purchaser with a copy of the current public offering statement not later than the date [of any contract of sale.] on which an offer to purchase becomes binding on the purchaser. Unless the purchaser has personally inspected the unit, the purchaser may cancel, by written notice, the contract of purchase until midnight of the fifth calendar day following the date of execution of the contract, and the contract for purchase must contain a provision to that effect.
2. If a purchaser elects to cancel a contract pursuant to subsection 1, he may do so by hand delivering notice thereof to the offeror or by mailing notice thereof by prepaid United States mail to the offeror or to his agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly.
3. If a person required to deliver a public offering statement pursuant to subsection 3 of NRS 116.4102 fails to provide a purchaser to whom a unit is conveyed with a current public offering statement, the purchaser is entitled to actual damages, rescission or other relief, but if the purchaser has accepted a conveyance of the unit, he is not entitled to rescission.
Sec. 47. NRS 116.4109 is hereby amended to read as follows:
116.4109 1. Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a unit’s owner shall furnish to a purchaser before [execution of any contract for sale of a unit, or otherwise before conveyance:] an offer to purchase a unit becomes binding on the purchaser:
(a) A copy of the declaration, other than any plats and plans, the bylaws, the rules or regulations of the association and, except for a time share governed by the provisions of chapter 119A of NRS, the information statement required by NRS 116.41095;
(b) A statement setting forth the amount of the monthly assessment for common expenses and any unpaid assessment of any kind currently due from the selling unit’s owner;
(c) The current operating budget of the association and a financial statement for the association; and
(d) A statement of any unsatisfied judgments or pending legal actions against the association and the status of any pending legal actions relating to the common-interest community of which the unit’s owner has actual knowledge.
2. The association, within 10 days after a request by a unit’s owner, shall furnish a certificate containing the information necessary to enable the unit’s owner to comply with this section. A unit’s owner providing a certificate pursuant to subsection 1 is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.
3. Neither a purchaser nor the purchaser’s interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the certificate prepared by the association. If the association fails to furnish the certificate within the 10 days allowed by subsection 2, the seller is not liable for the delinquent assessment.”.
Amend sec. 70, page 34, line 23, by deleting “116.4103.” and inserting “116.4103 [.] and 116.4109.”.
Amend sec. 70, page 34, by deleting lines 47 and 48 and inserting:
“Estate Division, at (telephone number).”.
Amend sec. 71, page 35, by deleting lines 36 and 37 and inserting:
“accordance with the provisions of sections 22, 23, 24, 26 to 29, inclusive, 31 and 32 of Senate Bill No. 336 of this [act.] session. At any time during”.
Amend sec. 71, page 36, line 5, by deleting “NRS 38.135.” and inserting:
“section 29 of Senate Bill No. 336 of this [act.] session.”.
Amend sec. 71, page 36, line 10, by deleting “NRS 38.145.” and inserting:
“section 30 of Senate Bill No. 336 of this [act.] session.”.
Amend sec. 71, page 36, line 13, by deleting “NRS 38.145;” and inserting:
“section 30 of Senate Bill No. 336 of this [act;] session;”.
Amend the bill as a whole by renumbering sec. 72 as sec. 51 and adding a new section designated sec. 50, following sec. 71, to read as follows:
“Sec. 50. Section 14 of Assembly Bill No. 621 of this section is hereby amended to read as follows:
Sec. 14. Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:
The expiration or revocation of a certificate for the management of a common-interest community by operation of law or by order or decision of the real estate commission or a court of competent jurisdiction, or the voluntary surrender of such a certificate by the holder of the certificate does not:
1. Prohibit the division or real estate commission from initiating or continuing an investigation of, or action or disciplinary proceeding against, the holder of the certificate as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or
2. Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the holder of the certificate.”.
Amend sec. 72, page 36, line 27, by deleting:
“sections 28 and 63” and inserting “section 40”.
Amend sec. 72, page 36, line 28, by deleting:
“community managing agent or a”.
Amend sec. 72, page 36, line 29, by deleting “licensed or”.
Amend the bill as a whole by deleting sec. 73 and renumbering sec. 74 as sec. 52.
Amend the bill as a whole by deleting sec. 75 and renumbering sec. 76 as sec. 53.
Amend sec. 76, pages 36 and 37, by deleting lines 47 and 48 on page 36 and lines 1 through 3 on page 37 and inserting:
“1. Section 49 of this act becomes effective at 12:01 a.m. on October 1, 2001.
2. Sections 9, 10 and 11 of this act expire by limitation on the date on”.
Amend the title of the bill to read as follows:
“AN ACT relating to common-interest communities; requiring community managers to be certified by the real estate division of the department of business and industry; revising the amount of a fine that may be imposed for a continuing violation of the governing documents of an association; requiring the removal of a member of the executive board of an association to be conducted by secret ballot; revising the circumstances under which an association may foreclose on its lien for unpaid assessments; changing the time within which certain information must be provided to a prospective purchaser of a unit; and providing other matters properly relating thereto.”.