In our last update on the 2021 Legislative Session, we provided an overview of Senate Bills 72 and 144. While each of those bills remain pending, several others affecting Nevada community associations have been introduced which are summarized as follows.
Senate Bill 254 – Sponsored by Senator Neal. If enacted this bill would grant the Nevada Equal Rights Commission a broad new set of powers. Among them would be the ability to investigate claims of discrimination in housing, to enter into conciliation (settlement and oversight) agreements, hold public hearings and to enter findings of discriminatory practices. Where discrimination is found to exist, fines of up to $16,000 could be imposed for a first offense in addition to other corrective action. These functions would be very similar to those powers granted to HUD under Federal law.
In addition to race, color, religion, sex, age, disability, sexual orientation, gender identity or expression and national origin, the bill would add familial status to those categories for which discrimination is banned under State law.
Senate Bill 257 – Sponsored by the Committee on Judiciary, this bill seeks to clarify the insurance obligations for townhome and condominium communities. Under existing law, NRS 116.3113 requires the Association in a townhome or condominium community to carry insurance that covers both the common areas and the individual units, but not the betterments or improvements. If enacted, the statute would be altered to provide that the Association is not obligated to carry property insurance for the units in a townhome or duplex community. However, should the Association consider not purchasing such insurance, it would be obligated to provide at least 30 days’ notice before voting on a proposal to reduce or eliminate such coverage and at least 60 days’ notice before any reduction or elimination of such insurance would become effective.
Assembly Bill 295 – Sponsored by Assemblywoman Hansen, this bill would amend NRS 116.31175. In addition to those records the Association must provide within 21 days of a request, this amendment would also require any contracts to which the association is a party and all records filed with a court relating to a civil or criminal action to which the association is party, be provided within 21 days of receiving a written request from a unit’s owner or the Ombudsman.
The bill further seeks to amend NRS 116.3118. Currently, the statute requires, in part, that financial records made reasonably available to any unit’s owner for inspection. If enacted, this bill would require that the records be provided in electronic format. If not available electronically, the association may only charge the actual costs to prepare a copy, not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter. If the executive board fails to provide a copy of the records within 21 days, the executive board must pay a penalty of $25 for each day the records are not provided.
We will continue to monitor the pending legislation and provide updates. In the meantime, please contact Isaacson Law with any questions you may have.