Construction Penalties for Failure to Adhere to Schedules

NRS 116.310305 NRS 116.310305 Power of executive board to impose construction penalties for failure of unit’s owner to adhere to certain schedules relating to design, construction, occupancy or use of unit or improvement. 1. A unit’s owner shall adhere to a schedule required by the association for: (a) The completion of the design of a unit or the design of an improvement to a unit; (b) The commencement of the construction of a unit or the construction of an improvement to a unit; (c) The completion of the construction of a unit or the construction of an improvement to the unit; or (d) The issuance of a permit which is necessary for the occupancy of a unit or for the use of an improvement to a unit. 2. The association may impose and enforce a construction penalty against a unit’s owner who fails to adhere to a schedule as required pursuant to subsection 1 if: (a) The right to assess and collect a construction penalty is set forth in: (1) The declaration; (2) Another document related to the common-interest community that is recorded before the date on which the unit’s owner acquired title to the unit; or (3) A contract between the unit’s owner and the association; (b) The association has included notice of the maximum amount of the construction penalty and schedule as part of any public offering statement or resale package required by this chapter; and (c) The unit’s owner receives notice of the alleged violation which informs the unit’s owner that he or she has a right to a hearing on the alleged violation. 3. For the purposes of this chapter, a construction penalty is not a fine. (Added to NRS by 2003, 2221 , 2266 ; A 2011, 2430 )