Nev. Rev. Stat. § 116.3105

Termination of contracts and leases of declarant

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NRS 116.3105 Termination of contracts and leases of declarant.

1. Within 2 years after the executive board elected by the units’ owners pursuant to NRS 116.31034 takes office, the association may terminate without penalty, upon not less than 90 days’ notice to the other party, any of the following if it was entered into before that executive board was elected:

(a) Any management, maintenance, operations or employment contract, or lease of recreational or parking areas or facilities; or

(b) Any other contract or lease between the association and a declarant or an affiliate of a declarant.

2. The association may terminate without penalty, at any time after the executive board elected by the units’ owners pursuant to NRS 116.31034 takes office upon not less than 90 days’ notice to the other party, any contract or lease that is not in good faith or was unconscionable to the units’ owners at the time entered into.

3. This section does not apply to:

(a) Any lease the termination of which would terminate the common-interest community or reduce its size, unless the real estate subject to that lease was included in the common-interest community for the purpose of avoiding the right of the association to terminate a lease under this section; or

(b) A proprietary lease.

(Added to NRS by 1991, 561; A 1993, 2368; 2011, 2435)

Notes of Decisions

Cited in 3 cases, 2009–2015 · 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 “In the alternative, the Association argued that, even if Andrews was a declarant, NRS 116.3105 authorized it to terminate any contract executed by the declarant before the lot owners assumed control of the Association.”

DOUBLE DIAMOND RANCH MASTER ASS'N VS. DIST. CT. (THE CITY OF RENO, NEV.) (2015) nev · cites it 38× “Pursuant to NRS 116.3105, a homeowners' association may terminate contracts or leases entered into by declarants after giving 90 days' notice.”

DOUBLE DIAMOND RANCH MASTER ASS'N VS. DIST. CT. (THE CITY OF RENO, NEV.) (2015) nev · cites it 19× “Pursuant to NRS 116.3105, a homeowners' association may terminate contracts or leases entered into by declarants after giving 90 days' notice.”

— Nev. Rev. Stat. § 116.3105(1) — 2 cases

DOUBLE DIAMOND RANCH MASTER ASS'N VS. DIST. CT. (THE CITY OF RENO, NEV.) (2015) nev “Pursuant to NRS 116.3105, a homeowners' association may terminate contracts or leases entered into by declarants after giving 90 days' notice.”

— Nev. Rev. Stat. § 116.3105(2) — 2 cases

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