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 provided in this
chapter, and subject to the provisions of the declaration, the association:
����� (a) Shall adopt and, except as otherwise provided
in the bylaws, may amend bylaws and may adopt and amend rules and regulations.
����� (b) Shall adopt and may amend budgets in
accordance with the requirements set forth in NRS 116.31151 , may collect assessments
for common expenses from the units� owners and may invest funds of the
association in accordance with the requirements set forth in NRS 116.311395 .
����� (c) May hire and discharge managing agents and
other employees, agents and independent contractors.
����� (d) May institute, defend or intervene in
litigation or in arbitration, mediation or administrative proceedings in its
own name on behalf of itself or two or more units� owners on matters affecting
the common-interest community. 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 to:
������������ (1) Common elements;
������������ (2) Any portion of the common-interest
community that the association owns; or
������������ (3) Any portion of the common-interest
community that the association does not own but has an obligation to maintain,
repair, insure or replace because the governing documents of the association
expressly make such an obligation the responsibility of the association.
����� (e) May make contracts and incur liabilities. Any
contract between the association and a private entity for the furnishing of
goods or services must not include a provision granting the private entity the
right of first refusal with respect to extension or renewal of the contract.
����� (f) May regulate the use, maintenance, repair,
replacement and modification of common elements.
����� (g) May cause additional improvements to be made
as a part of the common elements.
����� (h) May acquire, hold, encumber and convey in its
own name any right, title or interest to real estate or personal property, but:
������������ (1) Common elements in a condominium or
planned community may be conveyed or subjected to a security interest only
pursuant to NRS 116.3112 ; and
������������ (2) Part of a cooperative may be conveyed,
or all or part of a cooperative may be subjected to a security interest, only
pursuant to NRS 116.3112 .
����� (i) May grant easements, leases, licenses and
concessions through or over the common elements.
����� (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 .
����� (k) May impose charges for late payment of
assessments pursuant to NRS 116.3115 .
����� (l) May impose construction penalties when
authorized pursuant to NRS 116.310305 .
����� (m) May impose reasonable fines for violations of
the governing documents of the association only if the association complies
with the requirements set forth in NRS
116.31031 .
����� (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.
����� (o) May impose a reasonable fee for opening or
closing any file for each unit. Such a fee:
������������ (1) Must be based on the actual cost the
association incurs to open or close any file.
������������ (2) Must not exceed $350. Beginning on
January 1, 2022, the monetary amount in this subparagraph must be adjusted for
each calendar year by adding to each amount the product of the amount
multiplied by the percentage increase in the Consumer Price Index (All Items)
published by the United States Department of Labor from December 2020 to the
December preceding the calendar year for which the adjustment is calculated,
but must not increase by more than 3 percent each year.
������������ (3) Must not be charged to both the seller
and the purchaser of a unit.
������������ (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. The fee must not increase
by more than 3 percent each year.
����� (p) May provide for the indemnification of its
officers and executive board and maintain directors and officers liability
insurance.
����� (q) May assign its right to future income,
including the right to receive assessments for common expenses, but only to the
extent the declaration expressly so provides.
����� (r) May exercise any other powers conferred by
the declaration or bylaws.
����� (s) May exercise all other powers that may be
exercised in this State by legal entities of the same type as the association.
����� (t) Except as otherwise provided in this
paragraph, 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, alley or other thoroughfare within the common-interest community
in violation of the governing documents. An association may not direct the
removal of a vehicle parked on property owned or leased by the association
solely because the registration of the vehicle is expired. In addition to
complying with the requirements of NRS
487.038 and any requirements in the governing documents, if a vehicle is
improperly parked as described in this paragraph, the association must post
written notice in a conspicuous place on the vehicle or provide oral or written
notice to the owner or operator of the vehicle at least 48 hours before the
association may direct the removal of the vehicle, unless the vehicle:
������������ (1) Is blocking a fire hydrant, fire lane
or parking space designated for the handicapped; 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.
����� (u) May exercise any other powers necessary and
proper for the governance and operation of the association.
����� 2. The declaration may not limit the power
of the association to deal with the declarant if the limit is more restrictive
than the limit imposed on the power of the association to deal with other
persons.
����� 3. 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 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;
����� (c) Although a violation may exist or may have
occurred, it is not so material as to be objectionable to a reasonable person
or to justify expending the association�s resources; or
����� (d) It is not in the association�s best interests
to pursue an enforcement action.
����� 4. The executive board�s decision under
subsection 3 not to pursue enforcement under one set of circumstances does not
prevent the executive board from taking enforcement action under another set of
circumstances, but the executive board may not be arbitrary or capricious in
taking enforcement action.
����� 5. 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 .
����� 6. In providing any service or performing
any act set forth in paragraph (n) or (o) of subsection 1, an association, or
entity related to or acting on behalf of an association, shall not impose on a
unit�s owner, the authorized agent of a unit�s owner, a purchaser or, pursuant
to subsection 7 of NRS 116.4109 , the
holder of a security interest on a unit, a fee:
����� (a) Not authorized in paragraph (n) or (o), as
applicable, of subsection 1; or
����� (b) In an amount which exceeds any limitation
provided or set forth in paragraph (n) or (o), as applicable, of subsection 1.