Nevada Administrative Code

NAC 116.453 Presentation and contents of interim financial statements subject to audit or review. (NRS 116.31142, 116.31144, 116.615) The financial statements of an association subject to an audit or review must be presented using fund accounting and must include, at a minimum: 1…

NAC 116.457 Preparation, contents, availability and adoption of audited financial statements; qualifications of auditor. (NRS 116.31142, 116.31144, 116.615) 1. The audited financial statement of an association must: (a) Include a full presentation of accrual-basis accounting prep…

NAC 116.459 Inclusion of additional funds in financial statements. (NRS 116.31142, 116.31144, 116.615) The financial statements of an association described in NAC 116.451, 116.453 and 116.457 may provide for such other funds as the association deems appropriate to report the tran…

NAC 116.461 Review of financial statements; qualifications of auditor. (NRS 116.31142, 116.31144, 116.615) 1. The review of the financial statements of an association must be performed in accordance with the Guide. The financial statements must include a full presentation of accr…

NAC 116.465 Fees for preparation of certificate for resale of unit. (NRS 116.4109, 116.615) 1. Except as otherwise provided in subsection 2, an association may not charge more than $160 for preparing the certificate furnished pursuant to NRS 116.4109. 2. If a unit’s owner or an a…

NAC 116.470 Fees and costs for collection of past due obligations of unit’s owner. (NRS 116.310313, 116.615) 1. Except as otherwise provided in subsection 5, to cover the costs of collecting any past due obligation of a unit’s owner, an association or a person acting on behalf of…

NAC 116.480 Restriction on and statements by members of executive boards and officers of associations. (NRS 116.31185, 116.615) 1. No member of an executive board or officer of an association shall receive, in the aggregate, any gift, incentive, gratuity, reward or other item of …

NAC 116.482 Restriction on and statements by community managers and employees of community managers. (NRS 116.31185, 116.615) 1. No community manager or employee of the community manager shall receive, in the aggregate, any gift, incentive, gratuity, reward or other item of value…

NAC 116.484 Attendance of or participation in approved class. (NRS 116.31185, 116.615) 1. As used in NRS 116.31185, the term “gifts, incentives, gratuities, rewards or other items of value” does not include: (a) Any prepaid tuition for an approved class within the State for membe…

NAC 116.486 Compliance with statutory prohibition. (NRS 116.31185, 116.615) Nothing in NAC 116.480, 116.482 and 116.484 is to be construed as permitting a member of an executive board, an officer of an association, a community manager or an employee of the community manager to so…

NAC 116.500 Public inspection of records maintained by Division. (NRS 116.615) Records kept in the office of the Division under authority of this chapter are open to public inspection in the same manner as records are available for inspection pursuant to chapters 645 of NRS and N…

NAC 116.520 Subsidization of proceedings for mediation. (NRS 116.615, 116.670) 1. The Division may subsidize proceedings for mediation conducted pursuant to NRS 38.300 to 38.360, inclusive, to the extent that funds are available in the Account for Common-Interest Communities and …

NAC 116.525 Duties of Ombudsman for Owners in Common-Interest Communities and Condominium Hotels: “Annual assessment” interpreted. (NRS 116.615, 116.625) As used in NRS 116.625, “annual assessment” means both the per unit assessments and the total budget revenues for the associat…

NAC 116.550 Investigation and audit of financial accounts of association; remedial and disciplinary action. (NRS 116.615) 1. The Division may investigate and audit all financial accounts related to an association if the Division has reasonable cause to believe that the accounts o…

NAC 116.553 Hearing panels: Powers; qualifications of independent hearing officers. (NRS 116.615, 116.675) 1. A hearing panel appointed by the Commission has the power of the Commission to conduct hearings and other proceedings, determine violations, impose fines and penalties an…

NAC 116.555 Informality of proceedings; rules of evidence. (NRS 116.615, 116.675) 1. In conducting any investigation, inquiry or hearing, the Commission and its members, each hearing panel and its members, and the employees of the Division are not bound by the technical rules of …

NAC 116.557 Prehearing conferences. (NRS 116.615, 116.675) 1. The Commission or a hearing panel may, upon its own motion or a motion made by a party of record, hold a prehearing conference to accomplish one or more of the following purposes: (a) Formulate or simplify the issues i…

NAC 116.560 Motions. (NRS 116.615, 116.675) 1. All motions, unless made during a hearing, must be in writing. 2. A written motion must be served on the opposing party and the Commission or a hearing panel at least 10 working days before the time set for the hearing on the motion.…

NAC 116.565 Amendment and withdrawal of complaints; continuances. (NRS 116.615, 116.675) 1. A complaint may be amended at any time. 2. The Commission or a hearing panel may grant a continuance if the amendment materially alters the complaint or a respondent demonstrates an inabil…

NAC 116.570 Complaint or disciplinary hearing concerning provisional community manager. (NRS 116.615, 116.675) 1. The Division shall provide a copy of any complaint filed against, or a disciplinary hearing or other proceeding commenced against, a provisional community manager to …

NAC 116.575 Responsibilities of respondent. (NRS 116.615, 116.675) 1. Not less than 5 working days before a hearing before the Commission or a hearing panel, the respondent must provide to the Division: (a) A copy of all documents that are reasonably available to the respondent w…

NAC 116.580 Failure of party to appear. (NRS 116.615, 116.675) If a party fails to appear at a hearing scheduled by the Commission or a hearing panel and a continuance has not been requested or granted, upon an offer of proof by the other party that the absent party was given pro…

NAC 116.585 Procedure for hearings; date of decision. (NRS 116.615, 116.675) 1. The presiding officer of a hearing shall: (a) Ascertain whether all persons commanded to appear under subpoena are present and whether all documents, books, records and other evidence under subpoena a…

NAC 116.586 Recess of hearing for conference. (NRS 116.615, 116.675) In any hearing, the Commission or hearing panel may recess the hearing for a conference in order to discuss matters relating to the testimony about to be given by a witness or for any other purpose that may expe…

NAC 116.588 Preparation and dissemination of final decision after hearing. (NRS 116.615, 116.675) After a hearing, the Commission or hearing panel will, within 30 days: 1. Prepare findings of fact, conclusions of law and a final decision on the issues presented at the hearing; an…

NAC 116.600 Appeal of final order of hearing panel; filing of briefs. (NRS 116.615, 116.675) 1. Pursuant to NRS 116.675, a final order of a hearing panel may be appealed and a review hearing held by the Commission. If a final order of a hearing panel is appealed, the order is sta…

NAC 116.605 Review hearings: Setting; notice. (NRS 116.615, 116.675) 1. After the date for the filing of a reply brief has passed, the Commission will set the matter for a review hearing to be conducted as soon as practicable. 2. The review hearing must be held at such time and p…

NAC 116.610 Review hearings: Oral argument. (NRS 116.615, 116.675) 1. The Commission may, in the written notice described in NAC 116.605, provide for oral argument at the review hearing. The written notice must state whether the oral argument is limited to a particular issue or i…

NAC 116.615 Review hearings: Issuance of written decision. (NRS 116.615, 116.675) 1. The Commission will render a written decision on any appeal within 30 days after the review hearing and will notify the parties to the proceedings, in writing, of its ruling, order or decision wi…

NAC 116.617 Posthearing motions; rehearing and reconsideration. (NRS 116.615) 1. After the close of a hearing before the Commission, a party may file only the following motions: (a) A motion for rehearing. (b) A motion for reconsideration of the final decision of the Commission. …

NAC 116.620 Review of final order of hearing panel not appealed by party. (NRS 116.615, 116.675) 1. If a final order of a hearing panel is not appealed to the Commission by a party and if: (a) The Chair determines that the Commission should review the final order; or (b) A member…

NAC 116.625 Payment of costs for transcript of hearing. (NRS 116.615, 116.675) 1. Except as otherwise provided in this section, a party which seeks a transcript of its hearing must pay the reasonable costs of transcription. 2. If the Commission determines that a transcript is rea…

NAC 116.630 Request for hearing, rehearing or reconsideration prohibited after initiation of civil action or submission for mediation or arbitration. (NRS 116.615, 116.675) A party may not request a hearing before the Commission or a hearing panel, or file a motion for rehearing …

NAC 116.635 Request for hearing prohibited for improper purpose. (NRS 116.615, 116.675) A party shall not request a review hearing for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (Added to NAC by Comm’n for…

NAC 116A.005 Definitions. (NRS 116A.200) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 116A.015 to 116A.095, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Comm’n for Common-Interest Communiti…

NAC 116A.010 “Administrator” defined. (NRS 116A.200) “Administrator” means the Real Estate Administrator. (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008)

NAC 116A.015 “Association” defined. (NRS 116A.200) “Association” has the meaning ascribed to it in NRS 116.011. (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008)

NAC 116A.020 “Certificate” defined. (NRS 116A.200) “Certificate” means a certificate, other than a temporary certificate, for the management of a common-interest community issued by the Division. (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98, eff. 7-1-98; A by Comm’n fo…

NAC 116A.025 “Client” defined. (NRS 116A.200) “Client” means an executive board that has entered into a management agreement with a community manager. (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)

NAC 116A.030 “Commission” defined. (NRS 116A.200) “Commission” means the Commission for Common-Interest Communities and Condominium Hotels created by NRS 116.600. (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008)

NAC 116A.035 “Community manager” defined. (NRS 116A.200) “Community manager” means a person who holds a certificate or temporary certificate and who provides for or otherwise engages in the management of a common-interest community. (Added to NAC by Real Estate Comm’n by R136-99,…

NAC 116A.040 “Distance education” defined. (NRS 116A.200) “Distance education” means instruction which is delivered by means of video, computer, television, correspondence, the Internet or other electronic means of communication, or any combination thereof, in such a manner that …

NAC 116A.045 “Division” defined. (NRS 116A.200) “Division” means the Real Estate Division of the Department of Business and Industry. (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008)

NAC 116A.050 “Executive board” defined. (NRS 116A.200) “Executive board” has the meaning ascribed to it in NRS 116.045. (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)

NAC 116A.055 “Financial records” defined. (NRS 116A.200) “Financial records” means the financial or transaction records necessary to support the financial statements of an association which include, without limitation, receipts, bank statements, income tax reports, reserve studie…

NAC 116A.060 “Hour of instruction” defined. (NRS 116A.200) “Hour of instruction” means 50 minutes or more, and one semester credit is equal to 15 hours of instruction. (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for…

NAC 116A.065 “Management agreement” defined. (NRS 116A.200) “Management agreement” means an agreement for the management of a common-interest community. (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-200…