Fines for Violations of Governing Documents

NRS 116.31031 Power of executive board to impose fines and other sanctions for violations of governing documents; regulations; limitations; procedural requirements; continuing violations; collection of past due fines; statement of balance owed. 1. Except as otherwise provided in this section, if a unit’s owner or a tenant or an invitee of a unit’s owner or a tenant violates any provision of the governing documents of an association, the executive board may, if the governing documents so provide: (a) Prohibit, for a reasonable time, the unit’s owner or the tenant or the invitee of the unit’s owner or the tenant from: (1) Voting on matters related to the common-interest community. (2) Using the common elements. The provisions of this subparagraph do not prohibit the unit’s owner or the tenant or the invitee of the unit’s owner or the tenant from using any vehicular or pedestrian ingress or egress to go to or from the unit, including any area used for parking. (b) Impose a fine against the unit’s owner or the tenant or the invitee of the unit’s owner or the tenant for each violation, except that: (1) A fine may not be imposed for a violation that is the subject of a construction penalty pursuant to NRS 116.310305; and (2) A fine may not be imposed against a unit’s owner or a tenant or invitee of a unit’s owner or a tenant for a violation of the governing documents which involves a vehicle and which is committed by a person who is delivering goods to, or performing services for, the unit’s owner or tenant or invitee of the unit’s owner or the tenant. Ê If the violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community as provided in the regulations adopted by the Commission, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents. If the violation does not pose an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community as provided in the regulations adopted by the Commission, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents, but the amount of the fine must not exceed $100 for each violation or a total amount of $1,000 per hearing against each unit’s owner or tenant or invitee of the unit’s owner or tenant. The limitations on the amount of the fine do not apply to any charges or costs that may be collected by the association pursuant to this section if the fine becomes past due. The Commission shall adopt regulations establishing the criteria used in determining whether a violation poses an imminent threat of causing a substantial adverse effect …

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