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 $4.25 per year,
per unit in each community that is not exempt in accordance with NAC
116.090.