Title 10

NRS 116B.275 Unconscionable agreement or term of contract. 1. The court, upon finding as a matter of law that a contract or clause of a contract was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without…

NRS 116B.280 Obligation of good faith. Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement. (Added to NRS by 2007, 2200)

NRS 116B.285 Remedies to be liberally administered. The remedies provided by this chapter must be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. Consequential, special or punitive damages may not …

NRS 116B.287 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede section 101(c…

NRS 116B.290 Applicability. 1. This chapter applies to all condominium hotels created within this State. 2. Except as otherwise provided in this chapter, the provisions of chapters 116, 117 and 278A of NRS do not apply to condominium hotels. 3. This chapter does not apply to: (a)…

NRS 116B.295 Provisions of governing documents in violation of chapter deemed to conform with chapter by operation of law. 1. Any provision contained in a declaration, bylaw or other governing document of a condominium hotel that violates the provisions of this chapter shall be d…

NRS 116B.300 Notice of changes to governing documents. If any change is made to the governing documents, the secretary or other officer specified in the bylaws of the association or the hotel unit owner shall, within 30 days after the change is made, prepare and cause to be hand-…

NRS 116B.305 Creation of condominium hotels. A condominium hotel may be created pursuant to this chapter only by recording a declaration executed in the same manner as a deed. The declaration must be recorded in every county in which any portion of the condominium hotel is locate…

NRS 116B.310 Hotel unit boundaries. The boundaries of the hotel unit, including the shared components, if any, must be expressly set forth in the declaration or other governing documents of the condominium hotel and must be recorded in any county in which the declaration is recor…

NRS 116B.315 Control of hotel units; use of shared components. 1. The declaration must describe the boundaries of the hotel unit, which are owned by the hotel unit owner. The hotel unit may be used by the hotel unit owner for commercial purposes, including the operation of a hote…

NRS 116B.320 Construction and validity of declaration and bylaws. 1. The inclusion in a governing document of a provision that violates any provision of this chapter does not render any other provisions of the governing document invalid or otherwise unenforceable if the other pro…

NRS 116B.325 Description of units. A description of the residential units and the hotel unit which sets forth the name of the condominium hotel, the file number and book or other information to show where the declaration is recorded, the county in which the condominium hotel is l…

NRS 116B.330 Contents of declaration. 1. The declaration for a condominium hotel must contain: (a) The names of the condominium hotel and the association. (b) The name of every county in which any part of the condominium hotel is situated. (c) A legally sufficient description of …

NRS 116B.335 Leasehold condominium hotels. 1. Any lease the expiration or termination of which may terminate the condominium hotel or reduce its size must be recorded. Every lessor of such a lease in a condominium hotel shall sign the declaration. The declaration must state: (a) …

NRS 116B.340 Allocation of allocated interests. 1. The declaration must allocate to each unit, including any unit owned by the declarant or hotel unit owner, as applicable, a fraction or percentage of undivided interests in the common elements and in the common expenses of the as…

NRS 116B.345 Limited common elements. 1. The declaration may allocate limited common elements to any unit or units within the condominium hotel. The declaration must specify to which unit or units each limited common element is allocated. An allocation may not be altered without …

NRS 116B.350 Plats. 1. Plats are a part of the declaration and are required for all condominium hotels. Each plat must be clear and legible and contain a certification that the plat contains all information required by this section. 2. Each plat must comply with the provisions of…

NRS 116B.355 Exercise of developmental rights. 1. To exercise any developmental right reserved in the declaration, the declarant shall prepare, execute and record an amendment to the declaration. The declarant is the owner of any units thereby created. The amendment to the declar…

NRS 116B.360 Alterations of units; access to units. Except as otherwise provided in this section and subject to the provisions of the declaration and other provisions of law, a residential unit owner: 1. May make any improvements or alterations to his or her residential unit that…

NRS 116B.365 Monuments as boundaries. The existing physical boundaries of a residential unit or a hotel unit are its legal boundaries, rather than the boundaries derived from the description contained in the original declaration, regardless of vertical or lateral movement of the …

NRS 116B.370 Relocation of boundaries between adjoining units. Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the hotel unit owner by the owne…

NRS 116B.375 Subdivision of units. 1. If the declaration expressly so permits, a residential unit may be subdivided into two or more residential units upon receipt of consent from the hotel unit owner. Subject to the declaration and law other than this chapter, upon receipt of co…

NRS 116B.380 Amendment of declaration. 1. Provisions in an agreement to purchase a residential unit between a purchaser and a declarant which permit the declarant to amend or change the governing documents at any time before the close of escrow of a residential unit are enforceab…

NRS 116B.385 Termination of condominium hotel. 1. Except in the case of a taking of the condominium hotel by eminent domain, termination of the condominium hotel or the declaration requires approval by: (a) The owners representing at least 80 percent of the votes in the associati…

NRS 116B.390 Rights of creditors following termination. 1. Following termination of a condominium hotel, creditors of the association holding liens on the units, which were recorded before termination, may enforce those liens in the same manner as any lienholder. All other credit…

NRS 116B.395 Respective interests of units’ owners following termination. The respective interests of units’ owners referred to in NRS 116B.385 and 116B.390 are as follows: 1. Except as otherwise provided in subsection 2, the respective interests of units’ owners are the fair mar…

NRS 116B.400 Effect of foreclosure or enforcement of lien or encumbrance. 1. Except as otherwise provided in subsection 2, foreclosure or enforcement of a lien or encumbrance against the entire condominium hotel does not terminate, of itself, the condominium hotel, and foreclosur…

NRS 116B.405 Rights of secured lenders. The declaration may require that all or a specified number or percentage of the lenders who hold security interests encumbering the units approve specified actions of the units’ owners or the association as a condition to the effectiveness …

NRS 116B.410 Merger or consolidation of condominium hotels; reallocation of liability for shared expenses. 1. Any two or more condominium hotels, by agreement of the declarants or hotel unit owners and ratified by the associations as provided in subsection 2, may be merged or con…

NRS 116B.415 Organization of unit-owners’ association. 1. A unit-owners’ association must be organized not later than the date the first residential unit in the condominium hotel is conveyed. 2. The membership of the association at all times consists exclusively of all units’ own…

NRS 116B.420 Powers of unit-owners’ association. Subject to the provisions of the declaration, the association: 1. Shall adopt and, except as otherwise provided in the bylaws, may amend bylaws and may adopt and amend rules and regulations pertaining to the common elements. Unless…

NRS 116B.425 Power of executive board to act on behalf of association; members and officers are fiduciaries; duty of care; application of business-judgment rule and conflict of interest rules; limitations on power. 1. Except as otherwise provided in the declaration, the bylaws, t…

NRS 116B.430 Power of executive board to impose fines and other sanctions for violations of governing documents; procedural requirements; continuing violations; collection of past due fines. 1. Except as otherwise provided in this section and unless the declaration provides other…

NRS 116B.435 Accounting for fines in books and records of association; prohibition against applying payment for assessment, fee or other charge toward payment of fine; exceptions. If an association has imposed a fine against a residential unit owner or a tenant or guest of a resi…

NRS 116B.440 Period of declarant’s control of association; representation of units’ owners on executive board. 1. Except as otherwise provided in this section, the declaration may provide for a period of declarant’s control of the association, during which a declarant, or persons…

NRS 116B.445 Election of members of executive board and officers of association; term of office of member of executive board; staggered terms; eligibility to serve on executive board; required disclosures; procedure for conducting elections; certification by member of executive b…

NRS 116B.450 Removal of member of executive board. 1. Notwithstanding any provision of the declaration or bylaws to the contrary, any member of the executive board, other than a member appointed by the declarant or elected by the hotel unit owner, may be removed from the executiv…

NRS 116B.455 Delivery to association of property held or controlled by declarant; exceptions. 1. In addition to any applicable requirement set forth in this chapter, within 30 days after units’ owners other than the declarant may elect a majority of the members of the executive b…

NRS 116B.460 Delivery to association of additional common elements constructed by declarant or successor declarant. 1. If a condominium hotel is developed in separate phases and any declarant or successor declarant is constructing any common elements that will be added to the ass…

NRS 116B.465 Delivery to association of converted shared component reserve deficit. 1. At the time of each close of escrow of a unit in a converted building, the declarant shall deliver to the hotel unit owner the amount of the converted shared component reserve deficit allocated…

NRS 116B.470 Delivery to association of converted common element reserve deficit. 1. At the time of each close of escrow of a unit in a converted building, the declarant shall deliver to the association the amount of the converted common element reserve deficit allocated to that …

NRS 116B.475 Transfer of special declarant’s right. 1. A special declarant’s right created or reserved under this chapter may be transferred only by an instrument evidencing the transfer recorded in every county in which any portion of the condominium hotel is located. The instru…

NRS 116B.480 Liabilities and obligations of person who succeeds to special declarant’s rights. The liabilities and obligations of a person who succeeds to special declarant’s rights are as follows: 1. A successor to any special declarant’s right who is an affiliate of a declarant…

NRS 116B.485 Successor not subject to certain claims against or other obligations of transferor of special declarant’s right. NRS 116B.475 and 116B.480 do not subject any successor to a special declarant’s right to any claims against or other obligations of a transferor declarant…

NRS 116B.490 Bylaws. 1. The bylaws of the association must: (a) Provide the number of members of the executive board and the titles of the officers of the association; (b) Provide for election by the executive board of a president, treasurer, secretary and any other officers of t…

NRS 116B.495 Rules of association. The rules adopted by an association, if any: 1. Must be reasonably related to the duties of the association. 2. Must be sufficiently explicit in their prohibition, direction or limitation to inform a person of any action or omission required for…