Nev. Rev. Stat. » NRS: CHAPTER 116 - COMMON-INTEREST OWNERSHIP (UNIFORM ACT)

Nev. Rev. Stat. § 116.2107

Allocation of allocated interests

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NRS 116.2107  Allocation of allocated interests.

      1.  The declaration must allocate to each unit:

      (a) In a condominium, a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association;

      (b) In a cooperative, a proportionate ownership in the association, a fraction or percentage of the common expenses of the association and a portion of the votes in the association; and

      (c) In a planned community, a fraction or percentage of the common expenses of the association and a portion of the votes in the association.

      2.  The declaration must state the formulas used to establish allocations of interests. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant.

      3.  If units may be added to or withdrawn from the common-interest community, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the common-interest community after the addition or withdrawal.

      4.  The declaration may provide:

      (a) That different allocations of votes are made to the units on particular matters specified in the declaration;

      (b) For cumulative voting only for the purpose of electing members of the executive board; and

      (c) For class voting on specified issues affecting the class if necessary to protect valid interests of the class.

Ê Except as otherwise provided in NRS 116.31032, a declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this chapter nor may units constitute a class because they are owned by a declarant.

      5.  Except for minor variations because of rounding, the sum of the liabilities for common expenses and, in a condominium, the sum of the undivided interests in the common elements allocated at any time to all the units must each equal one if stated as a fraction or 100 percent if stated as a percentage. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.

      6.  In a condominium, the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void.

      7.  In a cooperative, any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an ownership interest in the association made without the possessory interest in the unit to which that interest is related is void.

      (Added to NRS by 1991, 546; A 1993, 2359; 2011, 2423)

     

Notes of Decisions
Cited in 3 cases, 2009–2020 · leading case: Boulder Oaks Community Ass'n v. B & J Andrews Enterprises, LLC
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Boulder Oaks Community Ass'n v. B & J Andrews Enterprises, LLC (2009) nev · cites it 9× “04(a) of the CC&Rs contravenes NRS 116.2107(4), which prohibits units from constituting a class for the purposes of voting merely because they are owned by a declarant.”
D.R. Horton, Inc. v. Eighth Judicial District Court (2009) nev “41035 (providing a limitation to the requirements of a public offering statement for “a common-interest community composed of not more than 12 units”); NRS 116.2107(3) (requiring that a declaration state the method to reallocate interest “[i]f units may be added to or withdrawn…”
Carrington Mortgage Services, LLC v. SFR Investments Pool 1, LLC (2020) nvd “Except for assessments under subsections 4 to 7, inclusive: 25 (a) All common expenses, including the reserves, must be assessed against all the units in accordance with the allocations set forth in 26 the declaration pursuant to subsections 1 and 2 of NRS 116.2107. 27 (b) The…”
— Nev. Rev. Stat. § 116.2107(3) — 1 case
D.R. Horton, Inc. v. Eighth Judicial District Court (2009) nev “41035 (providing a limitation to the requirements of a public offering statement for “a common-interest community composed of not more than 12 units”); NRS 116.2107(3) (requiring that a declaration state the method to reallocate interest “[i]f units may be added to or withdrawn…”
— Nev. Rev. Stat. § 116.2107(4) — 1 case
Boulder Oaks Community Ass'n v. B & J Andrews Enterprises, LLC (2009) nev “04(a) of the CC&Rs contravenes NRS 116.2107(4), which prohibits units from constituting a class for the purposes of voting merely because they are owned by a declarant.”
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