About the Ombudsman's Office
The office
of the Ombudsman for Owners in Common-Interest
Communities and Condominium Hotels was created by the
State Legislature in the 1997 Session with the passage
of
Senate Bill (SB) 314.
SB 314 is now codified in
Nevada Revised Statutes (NRS) Chapter 116.
The office was created
to assist homeowners and board members in common
interest communities to better understand their rights
and obligations under the law and their governing
documents. The scope of the office was broadened
with the passage of
SB 451
in the 1999 Session (also codified in NRS 116). SB
451 required the office to compile an informational
database about registered associations and authorized
the Ombudsman to request certain records from
associations. The bill further authorized the
Ombudsman to request that the Common-Interest Community
and Condominium Hotels Commission to issue a subpoena
for the attendance of witnesses and the production of
books and records.
The Ombudsman for Owners in Common-Interest Communities and Condominium Hotels shall:
- Assist in processing claims submitted to mediation or arbitration pursuant to NRS 38.300 to 38.360, inclusive;
- Assist owners in common-interest communities to understand their rights and responsibilities as set forth in this chapter and the governing documents of their associations, including, without limitation, publishing materials related to those rights and responsibilities;
- Investigate disputes involving NRS 116, NRS 116B, or the governing documents of an association, and assist in resolving such disputes;
- Assist persons appointed or elected to serve on executive boards of associations to carry out their duties; and
- Compile and maintain a registration of each association organized within the state which includes, without limitation:
o The name, address and telephone number of the association;
o The name of each community manager for the common-interest community, and any person who is authorized to manage the property onsite;
o The names, mailing addresses and telephone numbers of the members of the executive board of the association;
o The name of the declarant;
o The number of units in the common-interest community;
o The total annual assessment made by the association.
o The number of foreclosures within the common-interest community that have been completed and that were based upon liens for unpaid assessments or fines; and
o Whether or not the study of the reserve has been conducted, and if so, the date on which it was completed.
A Common-Interest Community is defined as real estate described in a declaration with respect to which a person, by virtue of the person’s ownership of a unit, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance or improvement of, or services or other expenses related to, common elements, other units or other real estate described in that declaration.
Nevada
Revised Statutes Chapter 116,
"Common-Interest Ownership
(Uniform Act)," is the set
of laws that govern
Common-Interest Communities.
Nevada
Administrative Code Chapter
116,
"Management of
Common-Interest Community,"
as the name would imply,
regulates how
Common-Interest Communities
are to be managed.
When there is a
disagreement between
owners and their
common-interest
community concerning the
interpretation,
application and
enforcement of
Covenants, Conditions
and Restrictions (CC&Rs),
bylaws, rules and
regulations adopted by
an association, one
method of resolution is
the utilization of the
Alternative Dispute
Resolution
(ADR)
program.
Nevada Revised Statutes
Chapter 38
is the set
of laws that govern
alternative dispute
resolution.
The office
is funded through an assessment of no more than $3.00
per year, per unit in each community that is not exempt
in accordance with NAC 116.800.
How
to Contact the Ombudsman
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