2005 Nevada Revised Statutes - Chapter 116A — Common-Interest Communities: Regulation of Community Managers and Other Personnel
CHAPTER 116A - COMMON-INTERESTCOMMUNITIES: REGULATION OF COMMUNITY MANAGERS AND OTHER PERSONNEL
GENERAL PROVISIONS
NRS 116A.010 Definitions.
NRS 116A.020 Administratordefined.
NRS 116A.030 Associationdefined.
NRS 116A.040 Certificatedefined.
NRS 116A.050 Commissiondefined.
NRS 116A.060 Common-interestcommunity defined.
NRS 116A.070 Communitymanager defined.
NRS 116A.080 Divisiondefined.
NRS 116A.090 Executiveboard defined.
NRS 116A.100 Hearingpanel defined.
NRS 116A.110 Managementof a common-interest community defined.
NRS 116A.120 Permitdefined.
NRS 116A.130 Reservestudy specialist defined.
ADMINISTRATION AND ENFORCEMENT OF CHAPTER
NRS 116A.200 Administrationof chapter; regulations of Commission and Real Estate Administrator; delegationof authority; publications.
NRS 116A.210 Employmentof personnel by Real Estate Division; duties of Attorney General; legalopinions by Attorney General.
NRS 116A.220 Depositof money; payment of claims.
NRS 116A.230 Immunity.
NRS 116A.240 Serviceof notice and other information upon Commission.
NRS 116A.250 Authorityfor Real Estate Division to conduct business electronically; regulations; fees;use of unsworn declaration; exclusions.
NRS 116A.260 Maintenanceby Real Estate Division of record of complaints, investigations and denials ofapplications.
NRS 116A.270 Confidentialityof records: Certain records relating to complaint or investigation deemedconfidential; certain records relating to disciplinary action deemed publicrecords.
NRS 116A.280 Issuanceand enforcement of subpoenas.
NRS 116A.290 Witnesses:Payment of fees and mileage.
NRS 116A.300 Appointmentof hearing panels; delegation of powers and duties; appeals to Commission.
NRS 116A.310 Useof audio or video teleconference for hearings.
CERTIFICATES AND PERMITS
NRS 116A.400 Personprohibited from acting as community manager without certificate; regulationsgoverning standards of practice; investigations; disciplinary action;exceptions.
NRS 116A.410 Regulationsgoverning certificates issued to community managers; fees.
NRS 116A.420 Personprohibited from acting as reserve study specialist without permit; regulationsgoverning standards of practice; investigations; disciplinary action;exceptions.
NRS 116A.430 Regulationsgoverning permits issued to reserve study specialists; fees.
NRS 116A.440 Paymentof child support: Statement by applicant for certificate or permit; grounds fordenial of certificate or permit; duty of Division. [Expires by limitation onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]
NRS 116A.450 Suspensionof certificate or permit for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of certificate or permit. [Expiresby limitation on the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]
NRS 116A.460 Expiration,revocation or surrender of certificate or permit does not prohibit disciplinaryaction against holder of certificate or permit.
REMEDIES AND PENALTIES
NRS 116A.900 Administrativefine for engaging in certain conduct without certificate, permit orauthorization; procedure for imposition of fine; judicial review; exceptions.
NRS 116A.910 Injunctions.
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GENERAL PROVISIONS
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ADMINISTRATION AND ENFORCEMENT OF CHAPTER
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1. The provisions of this chapter must be administeredby the Division, subject to the administrative supervision of the Director ofthe Department of Business and Industry.
2. The Commission and the Division may do all thingsnecessary and convenient to carry out the provisions of this chapter,including, without limitation, prescribing such forms and adopting such proceduresas are necessary to carry out the provisions of this chapter.
3. The Commission, or the Administrator with theapproval of the Commission, may adopt such regulations as are necessary tocarry out the provisions of this chapter.
4. The Commission may by regulation delegate anyauthority conferred upon it by the provisions of this chapter to theAdministrator to be exercised pursuant to the regulations adopted by theCommission.
5. When regulations are proposed by the Administrator,in addition to other notices required by law, the Administrator shall providecopies of the proposed regulations to the Commission not later than 30 daysbefore the next meeting of the Commission. The Commission shall approve, amendor disapprove any proposed regulations at that meeting.
6. All regulations adopted by the Commission, oradopted by the Administrator with the approval of the Commission, must bepublished by the Division, posted on its website and offered for sale at areasonable fee.
7. The Division may publish or supply a referencemanual or study guide for community managers and for reserve study specialistsand may offer such documents for sale at a reasonable fee.
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1. Except as otherwise provided in this section andwithin the limits of legislative appropriations, the Division may employ experts,attorneys, investigators, consultants and other personnel as are necessary tocarry out the provisions of this chapter.
2. The Attorney General shall act as the attorney forthe Division in all actions and proceedings brought against or by the Divisionpursuant to the provisions of this chapter.
3. The Attorney General shall render to the Commissionand the Division opinions upon all questions of law relating to theconstruction or interpretation of this chapter, or arising in theadministration thereof, that may be submitted to him by the Commission or theDivision.
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1. Except as otherwise provided in subsection 2, allmoney received by the Commission, a hearing panel or the Division pursuant tothis chapter must be deposited into the Account for Common-Interest Communitiescreated pursuant to NRS 116.630.
2. If the Commission imposes a fine or penalty, theCommission shall deposit the money collected from the imposition of the fine orpenalty with the State Treasurer for credit to the State General Fund. If themoney is so deposited, the Commission may present a claim to the State Board ofExaminers for recommendation to the Interim Finance Committee if money isrequired to pay attorneys fees or the costs of an investigation, or both.
3. Money for the support of the Commission andDivision in carrying out the provisions of this chapter must be provided bydirect legislative appropriation and be paid out on claims as other claimsagainst the State are paid.
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1. The Administrator may adopt regulations whichestablish procedures for the Division to conduct business electronicallypursuant to title 59 of NRS with persons who are regulated pursuant to thischapter and with any other persons with whom the Division conducts business.The regulations may include, without limitation, the establishment of fees topay the costs of conducting business electronically with the Division.
2. In addition to the process authorized by
3. The Division may refuse to conduct businesselectronically with a person who has failed to pay money which the person owesto the Division or the Commission.
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1. The rulings or decisions upon all complaints filedwith that district office.
2. All investigations instituted by that districtoffice in the first instance, upon or in connection with which any hearing hasbeen held, or in which the person charged has made no defense.
3. Denials of applications made to that districtoffice for examination or issuance of a certificate or permit.
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1. Except as otherwise provided in this section, acomplaint filed with the Division alleging a violation of this chapter or
2. The complaint or other charging documents filedwith the Commission to initiate disciplinary action and all documents and otherinformation considered by the Commission or a hearing panel when determiningwhether to impose discipline are public records.
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1. To carry out the purposes of this chapter, theCommission, or any member thereof acting on behalf of the Commission or actingon behalf of a hearing panel, may issue subpoenas to compel the attendance ofwitnesses and the production of books, records and other papers.
2. If any person fails to comply with a subpoenaissued by the Commission or any member thereof pursuant to this section within20 days after the date of service of the subpoena, the Commission may petitionthe district court for an order of the court compelling compliance with thesubpoena.
3. Upon such a petition, the court shall enter anorder directing the person subpoenaed to appear before the court at a time andplace to be fixed by the court in its order, the time to be not more than 20days after the date of service of the order, and show cause why he has notcomplied with the subpoena. A certified copy of the order must be served uponthe person subpoenaed.
4. If it appears to the court that the subpoena wasregularly issued by the Commission or any member thereof pursuant to thissection, the court shall enter an order compelling compliance with thesubpoena, and upon failure to obey the order the person must be dealt with asfor contempt of court.
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1. Each witness who is subpoenaed and appears at ahearing is entitled to receive for his attendance the same fees and mileageallowed by law to a witness in a civil case.
2. The fees and mileage for the witness:
(a) Must be paid by the party at whose request thewitness is subpoenaed; or
(b) If the appearance of the witness is not requestedby any party but the witness is subpoenaed at the request of the Commission ora hearing panel, must be paid by the Division.
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1. The Commission may appoint one or more hearingpanels. Each hearing panel must consist of one or more independent hearingofficers.
2. The Commission may by regulation delegate to one ormore hearing panels the power of the Commission to conduct hearings and otherproceedings, determine violations, impose fines and penalties and take otherdisciplinary action authorized by the provisions of this chapter.
3. While acting under the authority of the Commission,a hearing panel and its members are entitled to all privileges and immunitiesand are subject to all duties and requirements of the Commission and itsmembers.
4. A final order of a hearing panel:
(a) May be appealed to the Commission if, not laterthan 20 days after the date that the final order is issued by the hearingpanel, any party aggrieved by the final order files a written notice of appealwith the Commission.
(b) Must be reviewed and approved by the Commission if,not later than 40 days after the date that the final order is issued by thehearing panel, the Division, upon the direction of the Chairman of theCommission, provides written notice to all parties of the intention of theCommission to review the final order.
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CERTIFICATES AND PERMITS
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1. Except as otherwise provided in this section, aperson shall not act as a community manager unless the person holds acertificate.
2. The Commission shall by regulation provide for thestandards of practice for community managers who hold certificates.
3. The Division may investigate any community managerwho holds a certificate to ensure that the community manager is complying withthe provisions of this chapter and chapter 116of NRS and the standards of practice adopted by the Commission.
4. In addition to any other remedy or penalty, if theCommission or a hearing panel, after notice and hearing, finds that a communitymanager who holds a certificate has violated any provision of this chapter or
5. In addition to any other remedy or penalty, theCommission may:
(a) Refuse to issue a certificate to a person who hasfailed to pay money which the person owes to the Commission or the Division.
(b) Suspend, revoke or refuse to renew the certificateof a person who has failed to pay money which the person owes to the Commissionor the Division.
6. The provisions of this section do not apply to:
(a) A financial institution that is engaging in anactivity permitted by law.
(b) An attorney who is licensed to practice in thisState and who is acting in that capacity.
(c) A trustee with respect to the property of thetrust.
(d) A receiver with respect to property subject to thereceivership.
(e) A member of an executive board or an officer of anassociation who is acting solely within the scope of his duties as a member ofthe executive board or an officer of the association.
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1. The Commission shall by regulation provide for theissuance by the Division of certificates. The regulations:
(a) Must establish the qualifications for the issuanceof such a certificate, including, without limitation, the education andexperience required to obtain such a certificate.
(b) May require applicants to pass an examination inorder to obtain a certificate. If the regulations require such an examination,the Commission shall by regulation establish fees to pay the costs of theexamination, including any costs which are necessary for the administration ofthe examination.
(c) May require an investigation of an applicantsbackground. If the regulations require such an investigation, the Commissionshall by regulation establish fees to pay the costs of the investigation.
(d) Must establish the grounds for initiatingdisciplinary action against a person to whom a certificate has been issued,including, without limitation, the grounds for placing conditions, limitationsor restrictions on a certificate and for the suspension or revocation of acertificate.
(e) Must establish rules of practice and procedure forconducting disciplinary hearings.
2. The Division may collect a fee for the issuance ofa certificate in an amount not to exceed the administrative costs of issuingthe certificate.
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1. Except as otherwise provided in this section, aperson shall not act as a reserve study specialist unless the person holds apermit.
2. The Commission shall by regulation provide for thestandards of practice for reserve study specialists who hold permits.
3. The Division may investigate any reserve studyspecialist who holds a permit to ensure that the reserve study specialist iscomplying with the provisions of this chapter and chapter116 of NRS and the standards of practice adopted by the Commission.
4. In addition to any other remedy or penalty, if theCommission or a hearing panel, after notice and hearing, finds that a reservestudy specialist who holds a permit has violated any provision of this chapteror chapter 116 of NRS or any of the standardsof practice adopted by the Commission, the Commission or the hearing panel maytake appropriate disciplinary action against the reserve study specialist.
5. In addition to any other remedy or penalty, theCommission may:
(a) Refuse to issue a permit to a person who has failedto pay money which the person owes to the Commission or the Division.
(b) Suspend, revoke or refuse to renew the permit of aperson who has failed to pay money which the person owes to the Commission orthe Division.
6. The provisions of this section do not apply to amember of an executive board or an officer of an association who is actingsolely within the scope of his duties as a member of the executive board or anofficer of the association.
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1. The Commission shall by regulation provide for theissuance by the Division of permits to reserve study specialists. Theregulations:
(a) Must establish the qualifications for the issuanceof such a permit, including, without limitation, the education and experiencerequired to obtain such a permit.
(b) May require applicants to pass an examination inorder to obtain a permit. If the regulations require such an examination, theCommission shall by regulation establish fees to pay the costs of theexamination, including any costs which are necessary for the administration ofthe examination.
(c) May require an investigation of an applicantsbackground. If the regulations require such an investigation, the Commissionshall by regulation establish fees to pay the costs of the investigation.
(d) Must establish the grounds for initiatingdisciplinary action against a person to whom a permit has been issued,including, without limitation, the grounds for placing conditions, limitationsor restrictions on a permit and for the suspension or revocation of a permit.
(e) Must establish rules of practice and procedure forconducting disciplinary hearings.
2. The Division may collect a fee for the issuance ofa permit in an amount not to exceed the administrative costs of issuing thepermit.
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1. An applicant for a certificate or permit shallsubmit to the Division:
(a) The social security number of the applicant; and
(b) The statement prescribed by the Division of Welfareand Supportive Services of the Department of Health and Human Services pursuantto NRS 425.520. The statement must becompleted and signed by the applicant.
2. The Division shall include the statement requiredpursuant to subsection 1 in:
(a) The application or any other forms that must besubmitted for the issuance of the certificate or permit; or
(b) A separate form prescribed by the Division.
3. A certificate or permit may not be issued if theapplicant:
(a) Fails to submit the statement required pursuant tosubsection 1; or
(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.
4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Division shall advisethe applicant to contact the district attorney or other public agency enforcingthe order to determine the actions that the applicant may take to satisfy thearrearage.
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1. If the Division receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to the holder of a certificate orpermit, the Division shall deem the certificate or permit to be suspended atthe end of the 30th day after the date the court order was issued unless theDivision receives a letter issued to the holder of the certificate or permit bythe district attorney or other public agency pursuant to
2. The Division shall reinstate a certificate orpermit that has been suspended by a district court pursuant to
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1. Prohibit the Commission or the Division frominitiating or continuing an investigation of, or action or disciplinaryproceeding against, the holder of the certificate or permit as authorizedpursuant to the provisions of this chapter or chapter116 of NRS or the regulations adopted pursuant thereto; or
2. Prevent the imposition or collection of any fine orpenalty authorized pursuant to the provisions of this chapter or
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REMEDIES AND PENALTIES
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1. In addition to any other remedy or penalty, theCommission may impose an administrative fine against any person who knowingly:
(a) Engages or offers to engage in any activity forwhich a certificate or permit is required pursuant to this chapter or
(b) Assists or offers to assist another person tocommit a violation described in paragraph (a).
2. If the Commission imposes an administrative fineagainst a person pursuant to this section, the amount of the administrativefine may not exceed the amount of any gain or economic benefit that the personderived from the violation or $5,000, whichever amount is greater.
3. In determining the appropriate amount of theadministrative fine, the Commission shall consider:
(a) The severity of the violation and the degree of anyharm that the violation caused to other persons;
(b) The nature and amount of any gain or economicbenefit that the person derived from the violation;
(c) The persons history or record of other violations;and
(d) Any other facts or circumstances that theCommission deems to be relevant.
4. Before the Commission may impose the administrativefine, the Commission must provide the person with notice and an opportunity tobe heard.
5. The person is entitled to judicial review of thedecision of the Commission in the manner provided by
6. The provisions of this section do not apply to aperson who engages or offers to engage in activities within the purview of thischapter or chapter 116 of NRS if:
(a) A specific statute exempts the person fromcomplying with the provisions of this chapter or chapter116 of NRS with regard to those activities; and
(b) The person is acting in accordance with theexemption while engaging or offering to engage in those activities.
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1. If the Commission or the Division has reasonablecause to believe, based on evidence satisfactory to it, that any person hasviolated or is about to violate any provision of this chapter, any regulationadopted pursuant thereto or any order, decision, demand or requirement of theCommission or the Division or a hearing panel, the Commission or the Divisionmay bring an action in the district court for the county in which the personresides or, if the person does not reside in this State, in any court of competentjurisdiction within or outside this State, to restrain or enjoin that personfrom engaging in or continuing to commit the violations or from doing any actin furtherance of the violations.
2. The action must be brought in the name of the Stateof Nevada. If the action is brought in a court of this State, an order orjudgment may be entered, when proper, issuing a temporary restraining order,preliminary injunction or final injunction. A temporary restraining order orpreliminary injunction must not be issued without at least 5 days notice tothe opposite party.
3. The court may issue the temporary restrainingorder, preliminary injunction or final injunction without:
(a) Proof of actual damages sustained by any person.
(b) The filing of any bond.
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