Nev. Rev. Stat. § 116.31032

Period of declarant’s control of association; representation of units’ owners on executive board

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NRS 116.31032  Period of declarant’s control of association; representation of units’ owners on executive board.

      1.  Except as otherwise provided in this section, the declaration may provide for a period of declarant’s control of the association, during which a declarant, or persons designated by a declarant, may appoint and remove the officers of the association and members of the executive board. A declarant may voluntarily surrender the right to appoint and remove officers and members of the executive board before termination of that period and, in that event, the declarant may require, for the duration of the period of declarant’s control, that specified actions of the association or executive board, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective. Regardless of the period provided in the declaration, a period of declarant’s control terminates no later than the earliest of:

      (a) For a common-interest community with less than 1,000 units, 60 days after conveyance of 75 percent of the units that may be created to units’ owners other than a declarant;

      (b) For a common-interest community with 1,000 units or more, 60 days after conveyance of 90 percent of the units that may be created to units’ owners other than a declarant;

      (c) If the association exercises powers over a common-interest community pursuant to this chapter and a time-share plan pursuant to chapter 119A of NRS, 120 days after conveyance of 80 percent of the units that may be created to units’ owners other than a declarant;

      (d) Five years after all declarants have ceased to offer units for sale in the ordinary course of business;

      (e) Five years after any right to add new units was last exercised; or

      (f) The day the declarant, after giving notice to units’ owners, records an instrument voluntarily surrendering all rights to control activities of the association.

      2.  For a common-interest community with:

      (a) Less than 1,000 units, not later than 60 days after conveyance of 25 percent of the units that may be created to units’ owners other than a declarant, at least one member and not less than 25 percent of the members of the executive board must be elected by units’ owners other than the declarant.

      (b) One thousand units or more, not later than 60 days after conveyance of 15 percent of the units that may be created to units’ owners other than a declarant, at least one member and not less than 25 percent of the members of the executive board must be elected by units’ owners other than the declarant.

      3.  Not later than 60 days after conveyance of 50 percent of the units that may be created to units’ owners other than a declarant, not less than one-third of the members of the executive board must be elected by units’ owners other than the declarant.

      (Added to NRS by 1993, 2353; A 2001, 2490; 2011, 2433; 2015, 800)

     

Notes of Decisions
Cited in 3 cases, 2009–2015 · leading case: Boulder Oaks Community Ass'n v. B & J Andrews Enterprises, LLC
Boulder Oaks Community Ass'n v. B & J Andrews Enterprises, LLC (2009) nev “2107(4) states that “[e]xcept 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.”
DOUBLE DIAMOND RANCH MASTER ASS'N VS. DIST. CT. (THE CITY OF RENO, NEV.) (2015) nev · cites it 2× “fals part of a common promotional plan, offers to dispose of the interest of the person or group of persons in a unit not previously disposed of'); NRS 116.31032 (detailing the period of declarant's control of an association); NRS 116.”
DOUBLE DIAMOND RANCH MASTER ASS'N VS. DIST. CT. (THE CITY OF RENO, NEV.) (2015) nev “fals part of a common promotional plan, offers to dispose of the interest of the person or group of persons in a unit not previously disposed of'); NRS 116.31032 (detailing the period of declarant's control of an association); NRS 116.”
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