Existing law prohibits the executive board of a unit-owners' association of a common-interest community from requiring a unit's owner to pay an amount in excess of $10 per hour to review any books, records, contracts or other papers of the association. (NRS 116.31175) Section 1 increases the maximum hourly amount the executive board may require a unit's owner to pay to review any books, records, contracts or other papers of the association to $25 per hour.
Existing law authorizes a person who is aggrieved by an alleged violation to file with the Real Estate Division of the Department of Business and Industry a written affidavit which includes certain information. Existing law authorizes the Commission for Common-Interest Communities and Condominium Hotels or a hearing panel to impose an administrative fine of not more than $1,000 against any person who knowingly files a false or fraudulent affidavit with the Division. (NRS 116.760) Section 4 of this bill: (1) increases the maximum amount of the administrative fine to not more than $10,000; and (2) additionally authorizes the Commission or hearing panel to impose sanctions that disqualify a person from serving as a member of the executive board for a period of not more than 10 years against any person who knowingly files a false or fraudulent affidavit with the Division.
Section 4 also authorizes the Commission or a hearing panel to designate a person as a vexatious affiant if the Commission or hearing panel has imposed an administrative fine or sanctions against the person for knowingly filing a false or fraudulent affidavit with the Division on two or more occasions. Under section 4, if the Commission or a hearing panel has designated a person as a vexatious affiant, then: (1) the Commission or hearing panel is required to transmit a copy of the order designating the person as a vexatious affiant to the Division; and (2) the Division shall not thereafter accept an affidavit filed by the person unless the person first submits a copy of the affidavit to the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels and, after reviewing the affidavit, the Ombudsman grants leave for the person to file the affidavit with the Division.
Statutes affected: As Introduced: 116.31175, 116.31183, 116.745, 116.760, 116.765
Reprint 1: 116.31175, 116.31183, 116.31184, 116.745, 116.760, 116.765
Reprint 2: 116.31175, 116.760
As Enrolled: 116.31175, 116.760
BDR: 116.31175, 116.31183, 116.745, 116.760, 116.765