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

Nev. Rev. Stat. § 116.310305

Power of executive board to impose construction penalties for failure of unit’s owner to adhere to certain schedules relating to design, construction, occupancy or use of unit or improvement

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NRS 116.310305  Power of executive board to impose construction penalties for failure of unit’s owner to adhere to certain schedules relating to design, construction, occupancy or use of unit or improvement.

      1.  A unit’s owner shall adhere to a schedule required by the association for:

      (a) The completion of the design of a unit or the design of an improvement to a unit;

      (b) The commencement of the construction of a unit or the construction of an improvement to a unit;

      (c) The completion of the construction of a unit or the construction of an improvement to the unit; or

      (d) The issuance of a permit which is necessary for the occupancy of a unit or for the use of an improvement to a unit.

      2.  The association may impose and enforce a construction penalty against a unit’s owner who fails to adhere to a schedule as required pursuant to subsection 1 if:

      (a) The right to assess and collect a construction penalty is set forth in:

             (1) The declaration;

             (2) Another document related to the common-interest community that is recorded before the date on which the unit’s owner acquired title to the unit; or

             (3) A contract between the unit’s owner and the association;

      (b) The association has included notice of the maximum amount of the construction penalty and schedule as part of any public offering statement or resale package required by this chapter; and

      (c) The unit’s owner receives notice of the alleged violation which informs the unit’s owner that he or she has a right to a hearing on the alleged violation.

      3.  For the purposes of this chapter, a construction penalty is not a fine.

      (Added to NRS by 2003, 2221, 2266; A 2011, 2430)

     

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2013–2021 · leading case: Alex Berezovsky v. Bank of America
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Alex Berezovsky v. Bank of America (2017) ca9 “The association has a lien on a unit for any construction penalty that is imposed against the unit's owner pursuant to NRS 116.310305, any assessment levied against that unit or any fines imposed against the unit’s owner from the time the Construction penalty, assessment or fine…”
U.S. Bank v. Sfr Investments Pool 1, LLC (2021) ca9 “3116(1) provided: The association has a lien on a unit for any construction penalty that is imposed against the unit’s owner pursuant to NRS 116.310305, any assessment levied against that unit or any fines imposed against the unit’s owner from the time the construction penalty,…”
7912 Limbwood Court Trust v. Wells Fargo Bank, N.A. (2013) nvd “3116(1) provides for a lien in an HOA’s favor “for any construction penalty that is imposed against the unit’s owner pursuant to NRS 116.310305, any assessment levied against that unit or any fines imposed against the unit’s owner from the time the construction penalty,…”
Nationstar Mortgage LLC v. SFR Investments Pool 1, LLC (2021) nvd · cites it 2× “3116(1) provides HOAs with a lien over a unit “for any construction penalty that is imposed 9 against the unit’s owner pursuant to Nev. Rev. Stat. § 116.310305 , any assessment levied against 10 that unit or any fines imposed against the unit’s owner from the time the…”
Deutsche Bank National Trust Company v. SFR Investments Pool 1, LLC (2020) nvd “9 The statute provides that the totality of an HOA’s lien comprises: “any construction penalty 10 that is imposed against the unit’s owner pursuant to NRS 116.310305, [and] any assessment 11 levied against that unit or any fines imposed against the unit’s owner from the time the…”
Wells Fargo Bank, N.A., as Indenture Trustee for the Registered Holders of IMH Assets Corp., Collateralized Asset-Backed (2020) nvd “3116(1) provides HOAs with a lien over a unit “for any construction penalty that 17 is imposed against the unit’s owner pursuant to NRS 116.310305, any assessment levied against 18 that unit or any fines imposed against the unit’s owner from the time the construction penalty, 19…”
U.S. Bank National Association, As Trustee for Structured Asset Securities Corporation Mortgage Loan Trust 2007-BNC1, Mo (2021) nvd “The association has a lien on a unit for any construction penalty that is 23 imposed against the unit’s owner pursuant to NRS 116.310305, any assessment levied against that unit or any fines imposed against the unit’s owner from the 24 time the construction penalty, assessment…”
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