Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.
����� 1. Except as otherwise limited by
subsection 4 of NRS 116.2117 , if:
����� (a) To approve an amendment to the declaration
pursuant to NRS 116.2117 , the
declaration requires:
������������ (1) In a single-class voting structure,
more than a majority of the total number of votes allocated to the single class
to be cast in favor of the amendment; or
������������ (2) In a multiclass voting structure, more
than a majority of the total number of votes allocated to one or more of the
multiple classes to be cast in favor of the amendment; and
����� (b) An amendment fails to receive the number of
votes required by the declaration to be approved but:
������������ (1) In a single-class voting structure,
receives a majority of the total number of votes allocated to the single class;
or
������������ (2) In a multiclass voting structure,
receives in each of the multiple classes a majority of the total number of
votes allocated to that class,
� the
association or any unit�s owner may file a petition with the district court in
any county in which any portion of the common-interest community is located
asking for an order waiving the supermajority requirements of the declaration
and confirming the amendment as validly approved.
����� 2. If the association or any unit�s owner
files a petition pursuant to subsection 1, the petition:
����� (a) Must contain sufficient information
specifying:
������������ (1) The actions that have been taken to
obtain the number of votes required to approve the amendment under the
declaration and whether those actions have conformed with the procedures set
forth in the declaration;
������������ (2) The amount of time that has been
allowed for the units� owners to vote upon the amendment;
������������ (3) The number and percentage of
affirmative votes required in each voting class to approve the amendment under
the declaration;
������������ (4) The number and percentage of
affirmative and negative votes actually received in each voting class with
regard to the amendment; and
������������ (5) Any other matters the petitioner
considers relevant to the court�s determination; and
����� (b) Must include, as exhibits to the petition,
copies of:
������������ (1) The governing documents;
������������ (2) The complete text of the amendment and
a statement explaining the need for the amendment and its purposes and
objectives;
������������ (3) All notices and materials used in the
effort to persuade the units� owners to approve the amendment; and
������������ (4) Any other documents the petitioner
considers relevant to the court�s determination.
����� 3. Upon receiving the petition, the court
shall:
����� (a) Set the matter for hearing; and
����� (b) Issue an ex parte order setting forth the
manner in which the petitioner must give written notice of the hearing to all
the units� owners in the association.
����� 4. The court may grant the petition if it
finds that the petitioner has presented evidence establishing that:
����� (a) The petitioner has given at least 15 days�
written notice of the hearing to:
������������ (1) All the units� owners in the
association;
������������ (2) Each city, if any, and each county in
which any portion of the common-interest community is located; and
������������ (3) All other persons or entities that are
entitled to notice under the declaration;
����� (b) The voting process regarding the amendment
was conducted in accordance with all applicable provisions of the governing
documents and state law;
����� (c) A reasonably diligent effort was made to
allow all eligible units� owners and, if required by the governing documents,
all lenders to vote on the amendment;
����� (d) The amendment:
������������ (1) In a single-class voting structure,
received a majority of the total number of votes allocated to the single class;
or
������������ (2) In a multiclass voting structure,
received in each of the multiple classes a majority of the total number of
votes allocated to that class; and
����� (e) The amendment is reasonable.
����� 5. If the court grants the petition, the
court shall enter an order waiving the supermajority requirements of the
declaration and confirming the amendment as validly approved.
����� 6. An amendment confirmed by a final court
order pursuant to this section is not effective until a certified copy of the
amendment and the final court order have been recorded in each county in which
any portion of the common-interest community is located. The amendment must be
prepared, executed, recorded and certified on behalf of the association by any
officer of the association designated for that purpose or, in the absence of
designation, by the president of the association, and the final court order
must be recorded along with the amendment.
����� 7. After the amendment and the final court
order have been recorded pursuant to this section, the declaration, as amended,
has the same force and effect as if the amendment had been approved in
compliance with every requirement imposed by the governing documents.
����� 8. Not later than 30 days after the date
on which the amendment and the final court order are recorded pursuant to this
section, the association shall mail to all the units� owners in the
association:
����� (a) A copy of the amendment and the final court
order; and
����� (b) A statement explaining that the amendment and
the final court order have been recorded and that the declaration has been
amended pursuant to this section.