Senate Bill No. 136–Senators Hardy, O’Connell, Cegavske, Townsend, Amodei, Care, Coffin, McGinness, Nolan, Schneider, Shaffer, Tiffany and Titus

 

February 17, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing assessment of fines by unit-owners’ associations. (BDR 10‑897)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to property; revising provisions governing the assessment of fines by a unit-owners’ association; requiring a unit-owners’ association to provide written notice and a hearing before it may impose fines against certain persons who violate the governing documents of the association; providing exceptions; 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 116.3102 is hereby amended to read as

1-2  follows:

1-3  116.3102  1.  Except as otherwise provided in subsection 2,

1-4  and subject to the provisions of the declaration, the association may:

1-5  (a) Adopt and amend bylaws, rules and regulations;

1-6  (b) Adopt and amend budgets for revenues, expenditures and

1-7  reserves and collect assessments for common expenses from units’

1-8  owners;

1-9  (c) Hire and discharge managing agents and other employees,

1-10  agents and independent contractors;

2-1  (d) Institute, defend or intervene in litigation or administrative

2-2  proceedings in its own name on behalf of itself or two or more units’

2-3  owners on matters affecting the common-interest community;

2-4  (e) Make contracts and incur liabilities;

2-5  (f) Regulate the use, maintenance, repair, replacement and

2-6  modification of common elements;

2-7  (g) Cause additional improvements to be made as a part of the

2-8  common elements;

2-9  (h) Acquire, hold, encumber and convey in its own name any

2-10  right, title or interest to real estate or personal property, but:

2-11          (1) Common elements in a condominium or planned

2-12  community may be conveyed or subjected to a security interest only

2-13  pursuant to NRS 116.3112; and

2-14          (2) Part of a cooperative may be conveyed, or all or part of a

2-15  cooperative may be subjected to a security interest, only pursuant to

2-16  NRS 116.3112;

2-17      (i) Grant easements, leases, licenses and concessions through or

2-18  over the common elements;

2-19      (j) Impose and receive any payments, fees or charges for the use,

2-20  rental or operation of the common elements, other than limited

2-21  common elements described in subsections 2 and 4 of NRS

2-22  116.2102, and for services provided to units’ owners;

2-23      (k) Impose charges for late payment of assessments [and, except

2-24  as otherwise provided in NRS 116.31031, after notice and an

2-25  opportunity to be heard, levy] ;

2-26      (l) Impose reasonable fines for violations and continuing

2-27  violations of the [declaration, bylaws, rules and regulations]

2-28  governing documents of the association[;

2-29      (l)] only if the association complies with the requirements set

2-30  forth in NRS 116.31031;

2-31      (m) Impose reasonable charges for the preparation and

2-32  recordation of amendments to the declaration, the information

2-33  required by NRS 116.4109 or statements of unpaid assessments;

2-34      [(m)] (n) Provide for the indemnification of its officers and

2-35  executive board and maintain directors’ and officers’ liability

2-36  insurance;

2-37      [(n)] (o) Assign its right to future income, including the right to

2-38  receive assessments for common expenses, but only to the extent the

2-39  declaration expressly so provides;

2-40      [(o)] (p) Exercise any other powers conferred by the declaration

2-41  or bylaws;

2-42      [(p)] (q) Exercise all other powers that may be exercised in this

2-43  state by legal entities of the same type as the association;

3-1  [(q)] (r) Direct the removal of vehicles improperly parked on

3-2  property owned or leased by the association, pursuant to NRS

3-3  487.038; and

3-4  [(r)] (s) Exercise any other powers necessary and proper for the

3-5  governance and operation of the association.

3-6  2.  The declaration may not impose limitations on the power of

3-7  the association to deal with the declarant which are more restrictive

3-8  than the limitations imposed on the power of the association to deal

3-9  with other persons.

3-10      Sec. 2.  NRS 116.31031 is hereby amended to read as follows:

3-11      116.31031  1.  [If] Except as otherwise provided in this

3-12  section, if a unit’s owner[,] or a tenant or guest of a unit’s owner[,

3-13  does not comply with a] violates any provision of the governing

3-14  documents of an association, the executive board of the association

3-15  may, if the governing documents so provide:

3-16      (a) Prohibit, for a reasonable time, the unit’s owner[,] or the

3-17  tenant or guest of the unit’s owner[,] from:

3-18          (1) Voting on matters related to the common-interest

3-19  community.

3-20          (2) Using the common elements. The provisions of this

3-21  subparagraph do not prohibit the unit’s owner[,] or the tenant or

3-22  guest of the unit’s owner[,] from using any vehicular or pedestrian

3-23  ingress or egress to go to or from the unit, including any area used

3-24  for parking.

3-25      (b) Require the unit’s owner[,] or the tenant or guest of the

3-26  unit’s owner[,] to pay a fine for each [failure to comply] violation

3-27  that does not threaten the health and welfare of the common-interest

3-28  community. The fine must be commensurate with the severity of the

3-29  violation, but must not exceed $100 for each violation or a total

3-30  amount of $500, whichever is less.

3-31      2.  [If] The executive board may not require the unit’s owner

3-32  or the tenant or guest of the unit’s owner to pay a fine [is imposed

3-33  pursuant to subsection 1] for a violation of the governing

3-34  documents unless:

3-35      (a) Not fewer than 30 days before the violation, the unit’s

3-36  owner or the tenant or guest of the unit’s owner had been provided

3-37  with written notice of the applicable provisions of the governing

3-38  documents that form the basis of the violation; and

3-39      (b) Within a reasonable time after the violation, the unit’s

3-40  owner or the tenant or guest of the unit’s owner has been provided

3-41  with:

3-42          (1) Written notice specifying the details of the violation and

3-43  the date, time and location for a hearing on the violation; and

3-44          (2) A reasonable opportunity to contest the violation at the

3-45  hearing.

4-1  3.  Except as otherwise provided in this section, if the

4-2  executive board requires the unit’s owner or the tenant or guest of

4-3  the unit’s owner to pay a fine for a violation of the governing

4-4  documents and the violation is not cured within 14 days , or [a]

4-5  within any longer period [as] that may be established by the

4-6  executive board[, the] :

4-7  (a) The violation shall be deemed a continuing violation[.

4-8  Thereafter, the] ; and

4-9  (b) The executive board may [impose] require the unit’s owner

4-10  or the tenant or guest of the unit’s owner to pay an additional fine

4-11  for the continuing violation for each 7‑day period or portion thereof

4-12  that the continuing violation is not cured. [Any additional fine may

4-13  be imposed without notice and an opportunity to be heard.

4-14      3.  Except as otherwise provided in subsection 2, the imposition

4-15  of a fine pursuant to this section must comply with the requirements

4-16  of subsection 6 of NRS 116.31065.]

4-17      4.  The executive board may not require the unit’s owner or

4-18  the tenant or guest of the unit’s owner to pay an additional fine

4-19  for a continuing violation unless, within a reasonable time after

4-20  the continuing violation, the unit’s owner or the tenant or guest of

4-21  the unit’s owner has been provided with:

4-22      (a) Written notice specifying the details of the continuing

4-23  violation and the date, time and location for a hearing on the

4-24  continuing violation; and

4-25      (b) A reasonable opportunity to contest the continuing

4-26  violation at the hearing.

4-27      5.  The executive board must schedule the date, time and

4-28  location for a hearing on a violation or continuing violation so

4-29  that the unit’s owner or the tenant or guest of the unit’s owner is

4-30  provided with a reasonable opportunity to prepare for the hearing

4-31  and to be present at the hearing.

4-32      6.  The executive board must hold a hearing on a violation or

4-33  continuing violation before it may require the unit’s owner or the

4-34  tenant or guest of the unit’s owner to pay a fine or an additional

4-35  fine, unless the unit’s owner or the tenant or guest of the unit’s

4-36  owner:

4-37      (a) Executes a written waiver of the right to the hearing; or

4-38      (b) Fails to appear at the hearing after being provided with

4-39  proper notice of the hearing.

4-40      7.  The provisions of this section establish the minimum

4-41  procedural requirements that the executive board must follow

4-42  before it may require the unit’s owner or the tenant or guest of the

4-43  unit’s owner to pay a fine or an additional fine. The provisions of

4-44  this section do not preempt any provisions of the governing

5-1  documents that provide greater procedural protections to the

5-2  unit’s owner or the tenant or guest of the unit’s owner.

5-3  Sec. 3.  NRS 116.31065 is hereby amended to read as follows:

5-4  116.31065  The rules adopted by an association:

5-5  1.  Must be reasonably related to the purpose for which they are

5-6  adopted.

5-7  2.  Must be sufficiently explicit in their prohibition, direction or

5-8  limitation to inform a unit’s owner[,] or a tenant or guest of a unit’s

5-9  owner[,] of any action or omission required for compliance.

5-10      3.  Must not be adopted to evade any obligation of the

5-11  association.

5-12      4.  Must be consistent with the governing documents of the

5-13  association and must not arbitrarily restrict conduct or require

5-14  the construction of any capital improvement by a unit’s owner that

5-15  is not required by the governing documents of the association.

5-16      5.  Must be uniformly enforced under the same or similar

5-17  circumstances against all units’ owners. Any rule that is not so

5-18  uniformly enforced may not be enforced against any unit’s owner.

5-19      6.  May be enforced by the [assessment] association through

5-20  the imposition of a fine only if[:

5-21      (a) The person alleged to have violated the rule has received

5-22  notice of the alleged violation that informs him of his opportunity to

5-23  request a hearing on the alleged violation.

5-24      (b) At least 30 days before the alleged violation, the person

5-25  alleged to have violated the rule was given written notice of the rule

5-26  or any amendment to the rule.] the association complies with the

5-27  requirements set forth in NRS 116.31031.

5-28      Sec. 4.  NRS 116.3108 is hereby amended to read as follows:

5-29      116.3108  1.  A meeting of the units’ owners of an association

5-30  must be held at least once each year. If the governing documents of

5-31  a common-interest community do not designate an annual meeting

5-32  date of the units’ owners, a meeting of the units’ owners must be

5-33  held 1 year after the date of the last meeting of the units’ owners. If

5-34  the units’ owners have not held a meeting for 1 year, a meeting of

5-35  the units’ owners must be held on the following March 1. Special

5-36  meetings of the units’ owners of an association may be called by the

5-37  president, a majority of the executive board or by units’ owners

5-38  having 10 percent, or any lower percentage specified in the bylaws,

5-39  of the votes in the association.

5-40      2.  Not less than 10 nor more than 60 days in advance of any

5-41  meeting of the units’ owners of an association, the secretary or other

5-42  officer specified in the bylaws shall cause notice of the meeting to

5-43  be hand-delivered, sent prepaid by United States mail to the mailing

5-44  address of each unit or to any other mailing address designated in

5-45  writing by the unit’s owner or, if the association offers to send

6-1  notice by electronic mail, sent by electronic mail at the request of

6-2  the unit’s owner to an electronic mail address designated in writing

6-3  by the unit’s owner. The notice of the meeting must state the time

6-4  and place of the meeting and include a copy of the agenda for the

6-5  meeting. The notice must include notification of the right of a unit’s

6-6  owner to:

6-7  (a) Have a copy of the minutes or a summary of the minutes of

6-8  the meeting distributed to him upon request and, if required by the

6-9  executive board, upon payment to the association of the cost of

6-10  making the distribution.

6-11      (b) Speak to the association or executive board, unless the

6-12  executive board is meeting in executive session.

6-13      3.  The agenda for a meeting of the units’ owners must consist

6-14  of:

6-15      (a) A clear and complete statement of the topics scheduled to be

6-16  considered during the meeting, including, without limitation, any

6-17  proposed amendment to the declaration or bylaws, any fees or

6-18  assessments to be imposed or increased by the association, any

6-19  budgetary changes and any proposal to remove an officer or

6-20  member of the executive board.

6-21      (b) A list describing the items on which action may be taken and

6-22  clearly denoting that action may be taken on those items. In an

6-23  emergency, the units’ owners may take action on an item which is

6-24  not listed on the agenda as an item on which action may be taken.

6-25      (c) A period devoted to comments by units’ owners and

6-26  discussion of those comments. Except in emergencies, no action

6-27  may be taken upon a matter raised under this item of the agenda

6-28  until the matter itself has been specifically included on an agenda as

6-29  an item upon which action may be taken pursuant to paragraph (b).

6-30      4.  If the association adopts a policy imposing a fine on a unit’s

6-31  owner or a tenant or guest of a unit’s owner for [the] a violation or

6-32  continuing violation of the [declaration, bylaws or other rules

6-33  established by] governing documents of the association, the

6-34  secretary or other officer specified in the bylaws shall prepare and

6-35  cause to be hand-delivered or sent prepaid by United States mail to

6-36  the mailing address of each unit or to any other mailing address

6-37  designated in writing by the unit’s owner, a schedule of the fines

6-38  that may be imposed for those violations[.] or continuing

6-39  violations.

6-40      5.  Not more than 30 days after any meeting of the units’

6-41  owners, the secretary or other officer specified in the bylaws shall

6-42  cause the minutes or a summary of the minutes of the meeting to be

6-43  made available to the units’ owners. A copy of the minutes or a

6-44  summary of the minutes must be provided to any unit’s owner who

6-45  pays the association the cost of providing the copy to him.

7-1  6.  As used in this section, “emergency” means any occurrence

7-2  or combination of occurrences that:

7-3  (a) Could not have been reasonably foreseen;

7-4  (b) Affects the health, welfare and safety of the units’ owners of

7-5  the association;

7-6  (c) Requires the immediate attention of, and possible action by,

7-7  the executive board; and

7-8  (d) Makes it impracticable to comply with the provisions of

7-9  subsection 2 or 3.

7-10      Sec. 5.  NRS 116.31085 is hereby amended to read as follows:

7-11      116.31085  1.  Except as otherwise provided in this section, a

7-12  unit’s owner may attend any meeting of the units’ owners of the

7-13  association or of the executive board and speak at any such meeting.

7-14  The executive board may establish reasonable limitations on the

7-15  time a unit’s owner may speak at such a meeting.

7-16      2.  [An] The executive board may meet in executive session to:

7-17      (a) Consult with the attorney for the association on matters

7-18  relating to proposed or pending litigation if the contents of the

7-19  discussion would otherwise be governed by the privilege set forth in

7-20  NRS 49.035 to 49.115, inclusive;

7-21      (b) Discuss matters relating to personnel; or

7-22      (c) Discuss a violation or continuing violation of the governing

7-23  documents that is alleged to have been committed by a unit’s

7-24  owner, or a tenant or guest of a unit’s owner, including, without

7-25  limitation, the failure to pay an assessment, [except as otherwise

7-26  provided in] unless the unit’s owner or the tenant or guest of the

7-27  unit’s owner exercises the right to have the executive board

7-28  conduct an open meeting pursuant to subsection 3.

7-29      3.  [An] If a unit’s owner or a tenant or guest of a unit’s

7-30  owner is alleged to have committed a violation or continuing

7-31  violation of the governing documents of the association, the

7-32  executive board [shall] must meet in executive session to hold a

7-33  hearing on [an alleged violation of the governing documents] the

7-34  violation or continuing violation, unless the unit’s owner or

7-35  the tenant or guest of the unit’s owner who allegedly committed

7-36  the violation or continuing violation requests in writing that the

7-37  hearing be conducted by the executive board at an open meeting.

7-38  The unit’s owner or the tenant or guest of the unit’s owner who is

7-39  alleged to have committed the violation [may] or continuing

7-40  violation is entitled to attend the hearing and [testify concerning the

7-41  alleged] to contest the violation or continuing violation, but may be

7-42  excluded by the executive board from any other portion of the

7-43  hearing, including, without limitation, the deliberations of the

7-44  executive board.

8-1  4.  Except as otherwise provided in this subsection, any matter

8-2  discussed in executive session must be generally noted in the

8-3  minutes of the meeting of the executive board. The executive board

8-4  shall maintain minutes of any decision made pursuant to subsection

8-5  3 and, upon request, provide a copy of the decision to the unit’s

8-6  owner or the tenant or guest of the unit’s owner who was the

8-7  subject of the hearing or to his designated representative.

8-8  5.  Except as otherwise provided in subsection 3, a unit’s owner

8-9  or a tenant or guest of a unit’s owner is not entitled to attend or

8-10  speak at a meeting of the executive board held in executive session.

8-11      Sec. 6.  NRS 116.3116 is hereby amended to read as follows:

8-12      116.3116  1.  The association has a lien on a unit for any

8-13  assessment levied against that unit or fines imposed against the

8-14  unit’s owner from the time the assessment or fine becomes due.

8-15  Unless the declaration otherwise provides, fees, charges, late

8-16  charges, fines and interest charged pursuant to paragraphs (j), (k) ,

8-17  [and] (l) and (m) of subsection 1 of NRS 116.3102 are enforceable

8-18  as assessments under this section. If an assessment is payable in

8-19  installments, the full amount of the assessment is a lien from the

8-20  time the first installment thereof becomes due.

8-21      2.  A lien under this section is prior to all other liens and

8-22  encumbrances on a unit except:

8-23      (a) Liens and encumbrances recorded before the recordation of

8-24  the declaration and, in a cooperative, liens and encumbrances which

8-25  the association creates, assumes or takes subject to;

8-26      (b) A first security interest on the unit recorded before the date

8-27  on which the assessment sought to be enforced became delinquent,

8-28  or, in a cooperative, the first security interest encumbering only the

8-29  unit’s owner’s interest and perfected before the date on which the

8-30  assessment sought to be enforced became delinquent; and

8-31      (c) Liens for real estate taxes and other governmental

8-32  assessments or charges against the unit or cooperative.

8-33  The lien is also prior to all security interests described in paragraph

8-34  (b) to the extent of the assessments for common expenses based on

8-35  the periodic budget adopted by the association pursuant to NRS

8-36  116.3115 which would have become due in the absence of

8-37  acceleration during the 6 months immediately preceding institution

8-38  of an action to enforce the lien. This subsection does not affect the

8-39  priority of mechanics’ or materialmen’s liens, or the priority of liens

8-40  for other assessments made by the association.

8-41      3.  Unless the declaration otherwise provides, if two or more

8-42  associations have liens for assessments created at any time on the

8-43  same property, those liens have equal priority.

9-1  4.  Recording of the declaration constitutes record notice and

9-2  perfection of the lien. No further recordation of any claim of lien for

9-3  assessment under this section is required.

9-4  5.  A lien for unpaid assessments is extinguished unless

9-5  proceedings to enforce the lien are instituted within 3 years after the

9-6  full amount of the assessments becomes due.

9-7  6.  This section does not prohibit actions to recover sums for

9-8  which subsection 1 creates a lien or prohibit an association from

9-9  taking a deed in lieu of foreclosure.

9-10      7.  A judgment or decree in any action brought under this

9-11  section must include costs and reasonable attorney’s fees for the

9-12  prevailing party.

9-13      8.  The association upon written request shall furnish to a unit’s

9-14  owner a statement setting forth the amount of unpaid assessments

9-15  against the unit. If the interest of the unit’s owner is real estate, the

9-16  statement must be in recordable form. The statement must be

9-17  furnished within 10 business days after receipt of the request and is

9-18  binding on the association, the executive board and every unit’s

9-19  owner.

9-20      9.  In a cooperative, upon nonpayment of an assessment on a

9-21  unit, the unit’s owner may be evicted in the same manner as

9-22  provided by law in the case of an unlawful holdover by a

9-23  commercial tenant, and the lien may be foreclosed as provided by

9-24  this section or by NRS 116.31162 to 116.31168, inclusive.

9-25      10.  In a cooperative where the owner’s interest in a unit is

9-26  personal property [(] pursuant to NRS 116.1105 , [),] the

9-27  association’s lien may be foreclosed in like manner as a security

9-28  interest under NRS 104.9101 to 104.9709, inclusive.

9-29      Sec. 7.  NRS 116.31162 is hereby amended to read as follows:

9-30      116.31162  1.  Except as otherwise provided in subsection 4,

9-31  in a condominium, a cooperative where the owner’s interest in a unit

9-32  is real estate as determined pursuant to NRS 116.1105, or a planned

9-33  community, the association may foreclose its lien by sale after:

9-34      (a) The association has mailed by certified or registered mail,

9-35  return receipt requested, to the unit’s owner or his successor in

9-36  interest, at his address if known, and at the address of the unit, a

9-37  notice of delinquent assessment which states the amount of the

9-38  assessments and other sums which are due in accordance with

9-39  subsection 1 of NRS 116.3116, a description of the unit against

9-40  which the lien is imposed, and the name of the record owner of the

9-41  unit;

9-42      (b) The association or other person conducting the sale has

9-43  executed and caused to be recorded, with the county recorder of the

9-44  county in which the common-interest community or any part of it is

9-45  situated, a notice of default and election to sell the unit to satisfy the

10-1  lien, which contains the same information as the notice of

10-2  delinquent assessment, but must also describe the deficiency in

10-3  payment and the name and address of the person authorized by the

10-4  association to enforce the lien by sale; and

10-5      (c) The unit’s owner or his successor in interest has failed to pay

10-6  the amount of the lien, including costs, fees and expenses incident to

10-7  its enforcement, for 60 days following the recording of the notice of

10-8  default and election to sell.

10-9      2.  The notice of default and election to sell must be signed by

10-10  the person designated in the declaration or by the association for that

10-11  purpose, or if no one is designated, by the president of the

10-12  association.

10-13     3.  The period of 60 days begins on the first day following the

10-14  later of:

10-15     (a) The day on which the notice of default is recorded; or

10-16     (b) The day on which a copy of the notice of default is mailed

10-17  by certified or registered mail, return receipt requested, to the unit’s

10-18  owner or his successor in interest at his address if known, and at the

10-19  address of the unit.

10-20     4.  The association may not foreclose a lien by sale for the

10-21  assessment of a fine for a violation or continuing violation of the

10-22  [declaration, bylaws, rules or regulations] governing documents of

10-23  the association, unless the violation or continuing violation is of a

10-24  type that threatens the health, safety or welfare of the residents of

10-25  the common-interest community.

10-26     Sec. 8.  NRS 38.300 is hereby amended to read as follows:

10-27     38.300  As used in NRS 38.300 to 38.360, inclusive, unless the

10-28  context otherwise requires:

10-29     1.  “Assessments” means:

10-30     (a) Any charge which an association may impose against an

10-31  owner of residential property pursuant to a declaration of covenants,

10-32  conditions and restrictions, including any late charges, interest and

10-33  costs of collecting the charges; and

10-34     (b) Any fines, fees and other charges which may be imposed by

10-35  an association pursuant to paragraphs (j), (k) , [and] (l) and (m) of

10-36  subsection 1 of NRS 116.3102.

10-37     2.  “Association” has the meaning ascribed to it in

10-38  NRS 116.110315.

10-39     3.  “Civil action” includes an action for money damages or

10-40  equitable relief. The term does not include an action in equity for

10-41  injunctive relief in which there is an immediate threat of irreparable

10-42  harm, or an action relating to the title to residential property.

10-43     4.  “Division” means the Real Estate Division of the

10-44  Department of Business and Industry.

11-1      5.  “Residential property” includes, but is not limited to, real

11-2  estate within a planned community subject to the provisions of

11-3  chapter 116 of NRS. The term does not include commercial property

11-4  if no portion thereof contains property which is used for residential

11-5  purposes.

11-6      Sec. 9.  1.  Except as otherwise provided in subsection 2, the

11-7  amendatory provisions of this act apply to any violation or

11-8  continuing violation of the governing documents of an association

11-9  or master association that occurs on or after October 1, 2003.

11-10     2.  The amendatory provisions of this act do not apply to a

11-11  continuing violation that occurs on or after October 1, 2003, if the

11-12  initial violation that is the predicate for the continuing violation

11-13  occurred before October 1, 2003.

11-14     3.  Notwithstanding any other law to the contrary, if the

11-15  provisions of the governing documents of an association or master

11-16  association do not conform to the amendatory provisions of this act:

11-17     (a) The nonconforming provisions of the governing documents

11-18  shall be deemed to have been conformed to the amendatory

11-19  provisions of this act by operation of law on October 1, 2003; and

11-20     (b) If the association or master association is associated with a

11-21  common-interest community that was created on or after January 1,

11-22  1992, the executive board of the association or master association

11-23  shall, before October 1, 2004, change the nonconforming provisions

11-24  of the governing documents to conform to the amendatory

11-25  provisions of this act. The executive board of the association or

11-26  master association may make such changes without complying with

11-27  any procedural requirements that would otherwise apply if the

11-28  executive board were to amend the governing documents of the

11-29  association or master association in accordance with law.

11-30     4.  As used in this section:

11-31     (a) “Association” has the meaning ascribed to it in

11-32  NRS 116.110315.

11-33     (b) “Common-interest community” has the meaning ascribed to

11-34  it in NRS 116.110323.

11-35     (c) “Executive board” has the meaning ascribed to it in

11-36  NRS 116.110345.

11-37     (d) “Governing documents” has the meaning ascribed to it in

11-38  NRS 116.110347.

11-39     (e) “Master association” has the meaning ascribed to it in

11-40  NRS 116.110358.

 

11-41  H