Nevada 2019 Regular Session Status: To Executive Bipartisan · 1 R · 1 D cosponsors

AB 335 — Revises provisions relating to real property. (BDR 10-287)

Last action — Chapter 157.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

AN ACT relating to real property; revising provisions relating to the fees that a unit-owners' association for a common-interest community may charge for certain services; revising provisions relating to the resale of a unit in a common-interest community or condominium hotel; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

749 added · 759 removed

749 line(s) added, 759 removed.

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(Reprinted with amendments adopted on April 22, 2019) FIRST REPRINT A.B.
Assembly Bill No.
335 ASSEMBLY B ILLN O.
335–Assemblymen Jauregui;
335–A SSEMBLYMEN JAUREGUI ;AND H AFEN M ARCH 18, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to real property.
and Hafen CHAPTER..........
(BDR 10-287) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExisting law authorizes a unit-owners’ association for a common-interest community to charge certain fees for performing certain services.
Legislative Counsel’s Digest:
(NRS 116.3102) Section 1 of this bill authorizes an association to impose a fee for opening or closing any file for each unit.
Existing law authorizes a unit-owners’ association for a common-interest community to charge certain fees for performing certain services.
Existing law requires a unit’s owner in a common-interest community or condominium hotel to furnish to a prospective buyer a resale package containing specify that certain periods for taking certain actions relating to the resale package must be measured in either calendar days or business days;
(NRS 116.3102) closing any file for each unit.es an association to impose a fee for opening or Existing law requires a unit’s owner in a common-interest community or condominium hotel to furnish to a prospective buyer a resale package containing certain information.
and (2) provide that the resale package remains effective for 90 calendar days.
(NRS 116.4109, 116B.760) Sections 3 and 5 of this bill:
Section 3 also requires an association for a common-interest community to provide a copy of a statement of demand to an interested party not later than 10 calendar days after receipt of a written request to do so.
(1) specify that certain periods for taking certain actions relating to the resale package must be measured in either calendar days or business days;
and (2) provide that the association for a common-interest community to provide a copy of a statement ofan demand to an interested party not later than 10 calendar days after receipt of a written request to do so.
(1) establishes a maximum fee that certificate for inclusion in the resale package;
(1) establishes a maximum fee that an association for a common-interest community may charge for furnishing a certificate for inclusion in the resale package;
and (3) increases the amount an association for a common-interest community may charge for furnishing a statement of demand.
and (3) increases the a statement of demand.for a common-interest community may charge for furnishing Sections 2 and 6 of this bill make conforming changes.
Sections 2 and 6 of this bill make conforming changes.
EXPLANATION – Matter in bolded italics is new;
- *AB335_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(c) May hire and discharge managing agents and other employees, agents and independent contractors.
- 80th Session (2019) – 2 – (c) May hire and discharge managing agents and other employees, agents and independent contractors.
The association may not institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or units’ owners with respect to an action for a constructional defect pursuant to NRS 40.600 to 40.695, inclusive, unless the action pertains exclusively to common elements.
The association may not institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or units’ owners with respect to an action for a constructional defect pertains exclusively to common elements.ive, unless the action (e) May make contracts and incur liabilities.
(e) May make contracts and incur liabilities.
(i) May grant easements, leases, licenses and concessions through or over the common elements.
(i) May grant easements, leases, licenses and concessions thr(j) May impose and receive any payments, fees or charges for the use, rental or operation of the common elements, other than limited common elements described in subsections 2 and 4 of NRS 116.2102, and for services provided to the units’ owners, including, without limitation, any services provided pursuant to NRS 116.310312.
- *AB335_R1* – 3 – (j) May impose and receive any payments, fees or charges for the use, rental or operation of the common elements, other than limited common elements described in subsections 2 and 4 of NRS 116.2102, and for services provided to the units’ owners, including, without limitation, any services provided pursuant to NRS 116.310312.
(n) May impose reasonable charges for the preparation and recordation of any amendments to the declaration or any statements of unpaid assessments, and impose reasonable fees, not to exceed the amounts authorized by NRS 116.4109, for preparing and furnishing the documents and certificate required by that section.
- 80th Session (2019) – 3 – (n) May impose reasonable charges for the preparation and recordation of any amendments to the declaration or any statements of unpaid assessments, and impose reasonable fees, not to exceed the amounts authorized by NRS 116.4109, for preparing and furnishing the documents and certificate required by that section.
(2) Must not exceed $350.
(3) Must not be charged to both the seller and the purchaser of a unit.
purchaser of a unit.e charged to both the seller and the (4) Except as otherwise provided in this subparagraph and increase, on an annual basis, by a percentage equal to theay percentage of increase in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year.
(4) Except as otherwise provided in this subparagraph and subject to the limitation set forth in subparagraph (2), may increase, on an annual basis, by a percentage equal to the percentage of increase in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year.
[(s)] (t) May direct the removal of vehicles improperly parked on property owned or leased by the association, as authorized pursuant to NRS 487.038, or improperly parked on any road, street, - *AB335_R1* – 4 – alley or other thoroughfare within the common-interest community in violation of the governing documents.
on property owned or leased by the association, as authorizedrked pursuant to NRS 487.038, or improperly parked on any road, street, alley or other thoroughfare within the common-interest community in violation of the governing documents.
or (2) Poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community.
or - 80th Session (2019) – 4 – (2) Poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community.
The executive board may determine whether to take enforcement action by exercising the association’s power to impose sanctions or commence an action for a violation of the declaration, bylaws or rules, including whether to compromise any claim for unpaid assessments or other claim made by or against it.
The executive board may determine whether to take sanctions or commence an action for a violation of the declaration, bylaws or rules, including whether to compromise any claim for unpaid assessments or other claim made by or against it.
The determines that, under the facts and circumstances presented:on if it (a) The association’s legal position does not justify taking any or fur(b) The covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with current law;
The executive board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:
(a) The association’s legal position does not justify taking any or further enforcement action;
(b) The covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with current law;
5.
governing documents to the contrary, an association may not impose any assessment pursuant to this chapter or the governing documents on the owner of any property in the common-interest community that is exempt from taxation pursuant to NRS 361.125.
Notwithstanding any provision of this chapter or the governing documents to the contrary, an association may not impose any assessment pursuant to this chapter or the governing documents on the owner of any property in the common-interest community that is exempt from taxation pursuant to NRS 361.125.
For the purposes of this subsection, “assessment” does not include any charge for any utility services, including, without limitation, telecommunications, broadband communications, cable television, electricity, natural gas, sewer services, garbage collection, water or for any other service which is delivered to and used or consumed directly by the property in the common-interest community that is exempt from taxation pursuant to NRS 361.125.
For the purposes of this subsection, “assessment” does not include any - *AB335_R1* – 5 – charge for any utility services, including, without limitation, telecommunications, broadband communications, cable television, electricity, natural gas, sewer services, garbage collection, water or for any other service which is delivered to and used or consumed directly by the property in the common-interest community that is exempt from taxation pursuant to NRS 361.125.
- 80th Session (2019) – 5 – Sec.
Sec.
Unless the declaration otherwise provides, any penalties, fees, charges, late charges, fines and interest charged pursuant to paragraphs (j) to [(n),] (o), inclusive, of subsection 1 of NRS 116.3102 and any costs of collecting a past due obligation charged pursuant to NRS 116.310313 are enforceable as assessments under this section.
Unless the declaration otherwise provides, any penalties, fees, charges, late charges, fines and interest charged pursuant to paragraphs (j) to [(n),] (o), inclusive, of subsection 1 of NRS 116.3102 and any costs 116.310313 are enforceable as assessments under this section.
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(a) Liens and encumbrances recorded before the recordation of the association creates, assumes or takes subject to;mbrances which (b) A first security interest on the unit recorded before the date or, in a cooperative, the first security interest encumbering only the unit’s owner’s interest and perfected before the date on which the assessment sought to be enforced became delinquent, except that a lien under this section is prior to a security interest described in this paragraph to the extent set forth in subsection 3;
(a) Liens and encumbrances recorded before the recordation of the declaration and, in a cooperative, liens and encumbrances which the association creates, assumes or takes subject to;
(b) A first security interest on the unit recorded before the date on which the assessment sought to be enforced became delinquent or, in a cooperative, the first security interest encumbering only the unit’s owner’s interest and perfected before the date on which the assessment sought to be enforced became delinquent, except that a lien under this section is prior to a security interest described in this paragraph to the extent set forth in subsection 3;
and (d) Liens for any fee or charge levied pursuant to subsection 1 of NRS 444.520.
and (d) Liens for any fee or charge levied pursuant to subsection 1 of NRS3.44.A lien under this section is prior to all security interests described in paragraph (b) of subsection 2 to the extent of:
3.
A lien under this section is prior to all security interests described in paragraph (b) of subsection 2 to the extent of:
(b) The unpaid amount of assessments, not to exceed an amount equal to assessments for common expenses based on the periodic budget adopted by the association pursuant to NRS 116.3115 which would have become due in the absence of acceleration during the 9 months immediately preceding the date on which the notice of - *AB335_R1* – 6 – default and election to sell is recorded pursuant to paragraph (b) of subsection 1 of NRS 116.31162;
(b) The unpaid amount of assessments, not to exceed an amount equal to assessments for common expenses based on the periodic budget adopted by the association pursuant to NRS 116.3115 which would have become due in the absence of acceleration during the 9 months immediately preceding the date on which the notice of default and election to sell is recorded pursuant to paragraph (b) of subsection 1 of NRS 116.31162;
and (c) The costs incurred by the association to enforce the lien in an amount not to exceed the amounts set forth in subsection 5, unless federal regulations adopted by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien.
and (c) The costs incurred by the association to enforce the lien in an amount not to exceed the amounts set forth in subsection 5, - 80th Session (2019) – 6 – unless federal regulations adopted by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien.
If federal regulations adopted by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien, the period during which the lien is prior to all security interests described in paragraph (b) of subsection 2 must be determined in accordance with those federal regulations, except that notwithstanding the provisions of the federal regulations, the period of priority for the lien must not be less than the 6 months immediately preceding the recording of a notice of default and election to sell pursuant to paragraph (b) of subsection 1 of NRS 116.31162 or the institution of a judicial action to enforce the lien.
If federal regulations adopted by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien, the period during which the lien is prior to all security interests described in paragraph (b) of subsection 2 must be determined in accordance with those federal regulations, except that notwithstanding the provisions of the federal the 6 months immediately preceding the recording of a notice ofss than default and election to sell pursuant to paragraph (b) of subsection 1 of NRS 116.31162 or the institution of a judicial action to enforce the lien.
The amount of the costs of enforcing the association’s lien that are prior to the security interest described in paragraph (b) of association, must not include more than one trustee’s sale guaranty and must not exceed:
The amount of the costs of enforcing the association’s lien that are prior to the security interest described in paragraph (b) of subsection 2 must not exceed the actual costs incurred by the association, must not include more than one trustee’s sale guaranty and must not exceed:
(a) For a demand or intent to lien letter, $150.
No costs of enforcing the association’s lien, other than the costs described in this subsection, and no amount of attorney’s fees may be included in the amount of the association’s lien that is prior to the security interest described in paragraph (b) of subsection 2.
No costs of enforcing the association’s lien, other than the costs described in this subsection, and no amount of attorney’s fees may security interest described in paragraph (b) of subsection 2.rior to the 6.
6.
Notwithstanding any other provision of law, an association, or member of the executive board, officer, employee or unit’s owner of the association, acting under the authority of this chapter or the governing documents of the association, or the community manager of the association, or any employee, agent or affiliate of the community manager, while engaged in the management of the common-interest community governed by the association, is not required to be licensed as a collection agency pursuant to chapter of NRS or hire or contract with a collection agency licensed pursuant to chapter 649 of NRS to collect amounts due to the association in accordance with subsection 1 before the recording of - 80th Session (2019) – 7 – a notice of default and election to sell pursuant to paragraph (b) of subsection 1 of NRS 116.31162.
Notwithstanding any other provision of law, an association, or member of the executive board, officer, employee or unit’s owner of the association, acting under the authority of this chapter or the governing documents of the association, or the community manager of the association, or any employee, agent or affiliate of the community manager, while engaged in the management of the common-interest community governed by the association, is not required to be licensed as a collection agency pursuant to chapter 649 of NRS or hire or contract with a collection agency licensed pursuant to chapter 649 of NRS to collect amounts due to the - *AB335_R1* – 7 – association in accordance with subsection 1 before the recording of a notice of default and election to sell pursuant to paragraph (b) of subsection 1 of NRS 116.31162.
If such an account is established, payments from the account for assessments for common expenses must be made in accordance with the same due dates as apply to payments of such assessments by a unit’s owner.
If assessments for common expenses must be made in accordance with the same due dates as apply to payments of such assessments by a unit’s owner.
A lien for unpaid assessments is extinguished unless a notice of default and election to sell is recorded as required by paragraph (b) of subsection 1 of NRS 116.31162, or judicial full amount of the assessments becomes due.ted, within 3 years after the 11.
A lien for unpaid assessments is extinguished unless a notice of default and election to sell is recorded as required by paragraph (b) of subsection 1 of NRS 116.31162, or judicial proceedings to enforce the lien are instituted, within 3 years after the full amount of the assessments becomes due.
This section does not prohibit actions to recover sums for taking a deed in lieu of foreclosure.prohibit an association from 12.
11.
A judgment or decree in any action brought under this section must include costs and reasonable attorney’s fees for the prevailing party.
This section does not prohibit actions to recover sums for which subsection 1 creates a lien or prohibit an association from taking a deed in lieu of foreclosure.
13.
12.
A judgment or decree in any action brought under this section must include costs and reasonable attorney’s fees for the pre13.
- *AB335_R1* – 8 – (a) In a cooperative where the owner’s interest in a unit is real estate under NRS 116.1105, the association’s lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive.
- 80th Session (2019) – 8 – (a) In a cooperative where the owner’s interest in a unit is real estate under NRS 116.1105, the association’s lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive.
15.
foreclose a lien created under this section, the court may appoint a receiver to collect all rents or other income from the unit alleged to be due and owing to a unit’s owner before commencement or during pendency of the action.
In an action by an association to collect assessments or to foreclose a lien created under this section, the court may appoint a receiver to collect all rents or other income from the unit alleged to be due and owing to a unit’s owner before commencement or during pendency of the action.
Notwithstanding any other provision of law, any payment of an amount due to an association in accordance with subsection 1 by the holder of any lien or encumbrance on a unit that is subordinate to the association’s lien under this section becomes a encumbrance.m the unit’s owner to the holder of the lien or Sec.
Notwithstanding any other provision of law, any payment of an amount due to an association in accordance with subsection 1 by the holder of any lien or encumbrance on a unit that is subordinate to the association’s lien under this section becomes a debt due from the unit’s owner to the holder of the lien or encumbrance.
Sec.
a public offering statement is required, or unless exempt underf subsection 2 of NRS 116.4101, a unit’s owner or his or her authorized agent shall, at the expense of the unit’s owner, furnish to a purchaser a resale package containing all of the following:
116.4109 1.
(a) A copy of the declaration, other than any plats, the bylaws, the rules or regulations of the association and the information statement required by NRS 116.41095.
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 or his or her a purchaser a resale package containing all of the following:urnish to (a) A copy of the declaration, other than any plats, the bylaws, the rules or regulations of the association and the information statement required by NRS 116.41095.
(c) A copy of the current operating budget of the association and current year-to-date financial statement for the association, which must include a summary of the reserves of the association required by NRS 116.31152 and which must include, without limitation, a - *AB335_R1* – 9 – summary of the information described in paragraphs (a) to (e), inclusive, of subsection 3 of NRS 116.31152.
(c) A copy of the current operating budget of the association and current year-to-date financial statement for the association, which must include a summary of the reserves of the association required - 80th Session (2019) – 9 – by NRS 116.31152 and which must include, without limitation, a summary of the information described in paragraphs (a) to (e), inclusive, of subsection 3 of NRS 116.31152.
(f) In addition to any other document, a statement describing all current and expected fees or charges for each unit, including, without limitation, association fees, fines, assessments, late charges or penalties, interest rates on delinquent assessments, additional costs for collecting past due fines and charges for opening or closing any file for each unit.
current and expected fees or charges for each unit, including,ng all without limitation, association fees, fines, assessments, late charges or penalties, interest rates on delinquent assessments, additional costs for collecting past due fines and charges for opening or closing any file for each unit.
If the purchaser elects to cancel a contract pursuant to this subsection, the purchaser must hand deliver the notice of cancellation to the unit’s owner or his or her authorized agent, mail the notice of cancellation by prepaid United States mail to the unit’s owner or his or her authorized agent or deliver the notice of cancellation by agent.
If the purchaser elects to cancel a contract pursuant to this subsection, the purchaser must hand deliver the notice of cancellation to the unit’s owner or his or her authorized agent, mail the notice of cancellation by prepaid United States mail to the unit’s owner or his or her authorized agent or deliver the notice of cancellation by electronic transmission to the unit’s owner or his or her authorized agent.
Cancellation is without penalty, and all payments made byized the purchaser before cancellation must be refunded promptly.
Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly.
If the not entitled to:cepted a conveyance of the unit, the purchaser is (a) Cancel the contract pursuant to this subsection;
If the purchaser has accepted a conveyance of the unit, the purchaser is not entitled to:
or (b) Damages, rescission or other relief based solely on the ground that the unit’s owner or his or her authorized agent failed to furnish the resale package, or any portion thereof, as required by this section.
(b) Damages, rescission or other relief based solely on the ground that the unit’s owner or his or her authorized agent failed to furnish the resale package, or any portion thereof, as required by this section.
4.
- 80th Session (2019) – 10 – 4.
- *AB335_R1* – 10 – (a) The unit’s owner or his or her authorized agent shall include the documents and certificate in the resale package provided to the purchaser, and neither the unit’s owner nor his or her authorized agent is liable to the purchaser for any erroneous information provided by the association and included in the documents and certificate.
(a) The unit’s owner or his or her authorized agent shall include the documents and certificate in the resale package provided to the purchaser, and neither the unit’s owner nor his or her authorized agent is liable to the purchaser for any erroneous information provided by the association and included in the documents and certificate.
(b) The association may charge the unit’s owner a reasonable fee to cover the cost of preparing the certificate furnished pursuant to subsection 3.
(b) The association may charge the unit’s owner a reasonable to subsection 3.
Such a fee must be based on the actual cost the association incurs to fulfill the requirements of this section in preparing the certificate.
Such a fee must be based on the actual cost thesuant association incurs to fulfill the requirements of this section in preparing the certificate.
(d) Except for the fees allowed pursuant to paragraphs (b) and (c), the association may not charge the unit’s owner any other fees subsection 3.
(d) Except for the fees allowed pursuant to paragraphs (b) and (c), the association may not charge the unit’s owner any other fees for preparing or furnishing the documents and certificate pursuant to subsection 3.
or furnishing the documents and certificate pursuant to 5.
5.
Neither a purchaser nor the purchaser’s interest in a unit is forth in the documents and certificate prepared by the association.
Neither a purchaser nor the purchaser’s interest in a unit is liable for any unpaid assessment or fee greater than the amount set the association fails to furnish the documents and certificate withinf the 10 calendar days allowed by this section, the purchaser is not liable for the delinquent assessment.
If the association fails to furnish the documents and certificate within the 10 calendar days allowed by this section, the purchaser is not liable for the delinquent assessment.
The study must be made available at the business office of the association or some other suitable location within the county where the common-interest community is situated or, if it is situated in more than one county, within one of those counties.
The study must be made available at the business office of the association or some - 80th Session (2019) – 11 – other suitable location within the county where the common-interest community is situated or, if it is situated in more than one county, within one of those counties.
- *AB335_R1* – 11 – 7.
7.
Not later than 10 calendar days after receipt of a written request from the unit’s owner, the authorized agent of the unit’s owner or the holder of a security interest on the unit for a statement of demand, the association shall furnish a statement of demand to the person who requested the statement [.] and provide a copy of the statement to any other interested party.
Not later than 10 calendar days after receipt of a written request from the unit’s owner, the authorized agent of the unit’s owner or the holder of a security interest on the unit for a statement of demand, the association shall statement [.] and provide a copy of the statement to any other interested party.
and (b) Remains effective for the period specified in the statement of demand, which must not be less than 15 business days after the date of delivery by the association to the unit’s owner, the authorized agent of the unit’s owner or the holder of a security interest on the As used in this subsection, “interested party” includes the unit’s owner selling the unit and the prospective purchaser of the unit.
and (b) Remains effective for the period specified in the statement of demand, which must not be less than 15 business days after the date of delivery by the association to the unit’s owner, the authorized agent of the unit’s owner or the holder of a security interest on the unit, whichever is applicable.
 As used in this subsection, “interested party” includes the unit’s owner selling the unit and the prospective purchaser of the unit.
Sec.
- 80th Session (2019) – 12 – Sec.
- *AB335_R1* – 12 – (a) A copy of the declaration, other than any plats, the bylaws, the rules or regulations of the association and the information statement required by NRS 116.41095.
(a) A copy of the declaration, other than any plats, the bylaws, the rules or regulations of the association and the information statement required by NRS 116.41095.
(b) A statement from the association setting forth the amount of the monthly assessment for common expenses and any unpaid obligation of any kind, including, without limitation, management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorney’s fees currently due from the selling unit’s owner.
the monthly assessment for common expenses and any unpaid amount of obligation of any kind, including, without limitation, management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorney’s fees currently due from the selling unit’s owner.
(f) In addition to any other document, a statement describing all current and expected fees or charges for each unit, including, or penalties, interest rates on delinquent assessments, additionalrges costs for collecting past due fines and charges for opening or closing any2.
(f) In addition to any other document, a statement describing all current and expected fees or charges for each unit, including, or penalties, interest rates on delinquent assessments, additionalrges costs for collecting past due fines and charges for opening or closing any file for each unit.
2.
If the purchaser elects to cancel a contract pursuant to this subsection, the purchaser must hand deliver the notice of cancellation to the unit’s owner or his or her authorized agent, mail the notice of cancellation by prepaid United States mail to the unit’s owner or his or her authorized agent or deliver the notice of cancellation by electronic transmission to the unit’s owner or his or her authorized agent.
If the purchaser elects to cancel a contract pursuant to this subsection, the purchaser must hand deliver the notice of cancellation to the unit’s owner or his or her authorized agent, mail the notice of cancellation by prepaid United States mail to the unit’s owner or his or her authorized agent or deliver the notice of cancellation by electronic transmission to the unit’s owner or his or her authorized - 80th Session (2019) – 13 – agent.
or (b) Damages, rescission or other relief based solely on the ground that the unit’s owner or his or her authorized agent failed to - *AB335_R1* – 13 – furnish the resale package, or any portion thereof, as required by this section.
or (b) Damages, rescission or other relief based solely on the ground that the unit’s owner or his or her authorized agent failed to furnish the resale package, or any portion thereof, as required by this section.
3.
a unit’s owner or his or her authorized agent, the association shally furnish all of the following to the unit’s owner or his or her authorized agent for inclusion in the resale package:
Within 10 calendar days after receipt of a written request by a unit’s owner or his or her authorized agent, the association shall furnish all of the following to the unit’s owner or his or her authorized agent for inclusion in the resale package:
Such a fee must be based on the actual cost the association incurs to fulfill the requirements of this section in establishing the maximum amount of the fee that an association may charge for preparing the certificate [.] , which must not exceed requests that the certificate be furnished sooner than 3 businessf days after the date of the request, the association may charge a fee of up to the maximum amount established by the Commission to expedite the preparation of the certificate.
Such a fee must be based on the actual cost the preparing the certificate.
The Commission shall adopt regulations establishing the maximum amount of the fee that an association may charge for preparing the certificate [.] , which must not exceed $185, except that if a unit’s owner or an authorized agent thereof requests that the certificate be furnished sooner than 3 business days after the date of the request, the association may charge a fee of up to the maximum amount established by the Commission to expedite the preparation of the certificate.
(c) The other documents furnished pursuant to subsection 3 must be provided in electronic format to the unit’s owner.
- 80th Session (2019) – 14 – (c) The other documents furnished pursuant to subsection 3 must be provided in electronic format to the unit’s owner.
- *AB335_R1* – 14 – (d) Except for the fees allowed pursuant to paragraphs (b) and (c), the association may not charge the unit’s owner any other fees for preparing or furnishing the documents and certificate pursuant to subsection 3.
(d) Except for the fees allowed pursuant to paragraphs (b) and for preparing or furnishing the documents and certificate pursuant to subsection 3.
The study must be made available at the business office of the association or some other suitable location within the county where the common-interest community is situated or, if it is situated in more than one county, within one of those counties.
The study must be made available at the business office of the association or some other suitable location within the county where the common-interest within one of those counties.it is situated in more than one county, 7.
the holder of a security interest on the unit may request a statement of demand from the association.
A unit’s owner, the authorized agent of the unit’s owner or the holder of a security interest on the unit may request a statement of demand from the association.
Not later than 10 calendar days authorized agent of the unit’s owner or the holder of a security interest on the unit for a statement of demand, the association shall furnish a statement of demand to the person who requested the statement and provide a copy of the statement to any other interested party.
Not later than 10 calendar days after receipt of a written request from the unit’s owner, the authorized agent of the unit’s owner or the holder of a security interest on the unit for a statement of demand, the association shall furnish a statement of demand to the person who requested the statement and provide a copy of the statement to any other interested party.
The association may charge a fee of not more than [$150] $165 to prepare and furnish a statement of demand pursuant to this subsection and an additional fee of not more than $100 to furnish a statement of demand within 3 business days after receipt of a written request for a statement of demand.
The association may charge a fee of not more than [$150] $165 to prepare and furnish a statement of demand pursuant to this subsection and an additional fee of not more than $100 to furnish a statement of demand within 3 business days after receipt of a written - 80th Session (2019) – 15 – request for a statement of demand.
(a) Must set forth the amount of the monthly assessment for common expenses and any unpaid obligation of any kind, including, - *AB335_R1* – 15 – without limitation, management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorney’s fees currently due from the selling unit’s owner;
(a) Must set forth the amount of the monthly assessment for without limitation, management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorney’s fees currently due from the selling unit’s owner;
Unless the person who requested the statement of demand receives a replacement statement of demand, the person may rely upon the accuracy of the information set forth in the statement of demand provided by the association for the resale.
Unless the person who requested the statement of demand receives a replacement statement of demand, the person may rely upon the accuracy of the information set forth in the statement of amount set forth in the statement of demand constitutes full payment of the amount due from the selling unit’s owner.
Payment of the amount set forth in the statement of demand constitutes full payment of the amount due from the selling unit’s owner.
(Deleted by amendment.) 116B.760 NR1.
(Deleted by amendment.) Sec.
Except in the case of a sale in which delivery of a public offering statement is required, a unit’s owner or his or her containing all of the following:o a purchaser a resale package (a) A copy of this chapter, the declaration, other than any plats, the bylaws, the rules or regulations of the association and the hotel unit owner and the information statement required by NRS 116B.765;
5.
(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;
NRS 116B.760 is hereby amended to read as follows:
116B.760 1.
Except in the case of a sale in which delivery of a public offering statement is required, a unit’s owner or his or her authorized agent shall furnish to a purchaser a resale package containing all of the following:
(a) A copy of this chapter, the declaration, other than any plats, the bylaws, the rules or regulations of the association and the hotel unit owner and the information statement required by NRS 116B.765;
- 80th Session (2019) – 16 – (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;
(d) A current year-to-date statement of the shared expenses charged to the units and the projected budget for the shared expenses, either within or as an exhibit to the public offering statement.
(d) A current year-to-date statement of the shared expenses charged to the units and the projected budget for the shared statement.
The budget must include, without limitation:
The budget must include, without limitation:offering (1) A statement of the amount included in the budget as reserves for repairs, replacement and restoration pursuant to this chapter;
- *AB335_R1* – 16 – (1) A statement of the amount included in the budget as reserves for repairs, replacement and restoration pursuant to this chapter;
The purchaser may, by written notice, cancel the contract of purchase until midnight of the fifth calendar day following the date of receipt of the resale package described in subsection 1, and the contract for purchase must contain a provision to that effect.
The purchaser may, by written notice, cancel the contract of purchase until midnight of the fifth calendar day following the date contract for purchase must contain a provision to that effect.
If the purchaser elects to cancel a contract pursuant to this subsection, the purchaser must hand deliver the notice of cancellation to the residential unit owner or his or her authorized agent or mail residential unit owner or his or her authorized agent.
If the purchaser elects to cancel a contract pursuant to this subsection, the purchaser must hand deliver the notice of cancellation to the residential unit owner or his or her authorized agent or mail the notice of cancellation by prepaid United States mail to the residential unit owner or his or her authorized agent.
Cancellation is without penalty, and all payments made by the purchaser before accepted a conveyance of the residential unit, the purchaser is not entitled to:
Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly.
If the purchaser has accepted a conveyance of the residential unit, the purchaser is not entitled to:
or (b) Damages, rescission or other relief based solely on the ground that the residential unit owner or his or her authorized agent failed to furnish the resale package, or any portion thereof, as required by this section.
or (b) Damages, rescission or other relief based solely on the ground that the residential unit owner or his or her authorized agent - 80th Session (2019) – 17 – failed to furnish the resale package, or any portion thereof, as required by this section.
and (b) A certificate containing the information necessary to enable the residential unit owner to comply with paragraphs (b), (d), (e) and (f) of subsection 1.
and (b) A certificate containing the information necessary to enable (f) of subsection 1.
4.
owner to comply with paragraphs (b), (d), (e) and 4.
- *AB335_R1* – 17 – (a) The residential unit owner or his or her authorized agent shall include the documents and certificate in the resale package provided to the purchaser, and neither the residential unit owner nor his or her authorized agent is liable to the purchaser for any erroneous information provided by the hotel unit owner and included in the documents and certificate.
(a) The residential unit owner or his or her authorized agent shall include the documents and certificate in the resale package provided to the purchaser, and neither the residential unit owner nor his or her authorized agent is liable to the purchaser for any erroneous information provided by the hotel unit owner and included in the documents and certificate.
(c) The other documents furnished pursuant to subsection 3 must be provided in electronic format at no charge to the unit’s owner or, if the hotel unit owner is unable to provide such documents in electronic format, the hotel unit owner may charge the residential unit owner a reasonable fee, not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter, to cover the cost of copying.
(c) The other documents furnished pursuant to subsection 3 must be provided in electronic format at no charge to the unit’s owner or, if the hotel unit owner is unable to provide such residential unit owner a reasonable fee, not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter, to cover the cost of copying.
(d) Except for the fees allowed pursuant to paragraphs (b) and (c), the hotel unit owner may not charge the residential unit owner any other fees for preparing or furnishing the documents and cer5.ficNeither a purchaser nor the purchaser’s interest in a residential unit is liable for any unpaid assessment or fee greater by the hotel unit owner.
(d) Except for the fees allowed pursuant to paragraphs (b) and (c), the hotel unit owner may not charge the residential unit owner any other fees for preparing or furnishing the documents and certificate pursuant to subsection 3.
If the hotel unit owner fails to furnish the documents and certificate within the 10 calendar days allowed by this section, the purchaser is not liable for the delinquent assessment.
5.
A resale package provided to a unit’s owner or his or her authorized agent pursuant to this section remains effective for 90 calendar days.
Neither a purchaser nor the purchaser’s interest in a residential unit is liable for any unpaid assessment or fee greater than the amount set forth in the documents and certificate prepared by the hotel unit owner.
If the hotel unit owner fails to furnish the documents and certificate within the 10 calendar days allowed by this section, the purchaser is not liable for the delinquent - 80th Session (2019) – 18 – assessment.
A resale package provided to a unit’s owner or his or her authorized agent pursuant to this section remains effective for calendar days.
Upon the request of a residential unit owner or his or her authorized agent, or upon the request of a purchaser to whom the hotel unit owner has provided a resale package pursuant to this section or his or her authorized agent, the hotel unit owner shall make the entire study of the reserves of the association or the shared components reasonably available for the residential unit owner, purchaser or authorized agent to inspect, examine, photocopy and audit.
Upon the request of a residential unit owner or his or her authorized agent, or upon the request of a purchaser to whom the hotel unit owner has provided a resale package pursuant to this section or his or her authorized agent, the hotel unit owner shall make the entire study of the reserves of the association or the shared components reasonably available for the residential unit owner, audit.
- *AB335_R1* – 18 – Sec.
Sec.
“Civil action” includes an action for money damages or equitable relief.
“Civil action” includes an action for money damages or injunctive relief in which there is an immediate threat of irreparable harm, or an action relating to the title to residential property.
The term does not include an action in equity for injunctive relief in which there is an immediate threat of irreparable harm, or an action relating to the title to residential property.
covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an ass(b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property.
(a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association;
6.
or (b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property.
- 80th Session (2019) – 19 – 6.
The term does not include commercial property if no portion thereof contains property which is used for residential purposes.
The term does not which is used for residential purposes.on thereof contains property Sec.
Sec.
H - *AB335_R1*
~~~~~ 19 - 80th Session (2019)
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Action History

  1. Chapter 157.

  2. Enrolled and delivered to Governor. Approved by the Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. Taken from General File. Placed on General File for next legislative day.

  6. Taken from General File. Placed on General File for next legislative day.

  7. From committee: Do pass. Placed on Second Reading File. Read second time.

  8. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 420.) To printer.

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 65 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (65)

65 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does AB 335 do?
AN ACT relating to real property; revising provisions relating to the fees that a unit-owners' association for a common-interest community may charge for certain services; revising provisions relating to the resale of a unit in a common-interest community or condominium hotel; and providing other matters properly relating thereto.
Who sponsors AB 335?
AB 335 is sponsored by Hafen, Gregory T., II (Republican) and Jauregui, Sandra (Democratic).
What is the current status of AB 335?
This bill died with 2019 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 335?
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