Assembly Bill No. 580-Committee on Government Affairs
(On Behalf of Assemblymen Bache and Giunchigliani)
June 10, 1997
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Referred to Committee on Judiciary
SUMMARY--Makes various changes relating to property rights. (BDR 10-994)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to property rights; requiring the use of a secret ballot for voting at a meeting of a unit-owners' association in a common-interest community when requested; prohibiting discrimination in common-interest communities; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:
1. After the secretary of the association has registered all proxies to be used at the meeting, upon request for a secret ballot all voting at a meeting of a unit-owners' association must be by secret ballot.
2. If a vote is taken by secret ballot, the secretary shall count, or the president may appoint tellers to count, the ballots cast.
Sec. 2 NRS 116.1203 is hereby amended to read as follows:
116.12031. Except as otherwise provided in subsection 2, if a planned community:
(a) Contains no more than 12 units and is not subject to any developmental rights; or
(b) Provides, in its declaration, that the annual average liability for common expenses of all units restricted to residential purposes, exclusive of optional users' fees and any insurance premiums paid by the association, may not exceed $500 per unit,
it is subject only to NRS 116.1105, 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.
2. Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, NRS 116.3101 to 116.3119, inclusive, and section 1 of this act, and 116.11031 to 116.110393, inclusive, to the extent necessary in construing any of those sections, apply to a residential planned community containing more than six units.
Sec. Chapter 118 of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of NRS 118.010 to 118.120, inclusive, apply to a common-interest community. The declaration and bylaws may not contain any provisions whose application would violate those statutory provisions.
Sec. 3 NRS 118.010 is hereby amended to read as follows:
118.010The provisions of NRS 118.010 to 118.120, inclusive, and section 3 of this act may be cited as the Nevada Fair Housing Law.
Sec. Any declaration or bylaw of a common-interest community in effect on October 1, 1997, which does not conform to section 1 of this act shall be deemed to have been conformed to section 1 of this act by operation of law. Notwithstanding any other provision of law to the contrary, not later than October 1, 1998, any such provision of a declaration or bylaw must be changed to conform with section 1 of this act and may be so changed without complying with the procedural requirements generally applicable to the adoption of an amendment to such a declaration or bylaw.