The Commission for Common-Interest Communities and Condominium Hotels adopted proposed health, safety and welfare violation regulations on Sept. 9. The regulations define when a violation of governing documents poses an imminent threat to health, safety or welfare, including intentional interference with use of a dwelling, willful or grossly negligent property damage, housing or health code violations, or other acts substantially similar that endanger owners, residents or invitees.
The final version of the regulations did not include subsection 2 of section 2, which was deleted. When determining fines under NRS 116.31031, an executive board may consult appropriate professionals to evaluate the nature, context, severity, scope, frequency or duration of a violation or other relevant factors.
Speaking on behalf of the Legislative Action Committee, Committee Chair Adam Clarkson and Greg Kerr opposed proposed language that would have prevented associations from treating nuisance violations as health, safety and welfare issues, arguing it would limit associations’ ability to address severe governing document violations. Those proposed changes were not adopted.
Other adopted changes include revisions to the Nevada Real Estate Division’s complaint investigation process, updated education requirements for Temporary Community Manager certificate holders, a new petition for rulemaking process, increased mediation subsidies, definitions of 'classroom' and 'live instruction,' revised complaint submission rules for community managers, and criteria for transferring association records after management contract termination.
Sources: Las Vegas Review-Journal
Original reporting: Las Vegas Review-Journal →
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