Resale Packages

Can the reasonable fee that may be charged pursuant to NRS 116.3102(1)(o) for “opening or closing any file for each unit” be charged for any reason?

No, the language in NRS 116.3102(1)(o) was specifically added to streamline the resale process and help protect consumers from overpaying during the transfer of property within a common-interest community from unit owner to new purchaser. This fee should not be charged for any other reason.

 

Outside of the provisions of law pertaining to a resale package, can an association charge a unit owner for a copy of the governing documents?

NRS 116.31175 

Such records must be provided in electronic format at no charge to the unit’s owner whenever possible, or, if the association is unable to provide the records in electronic format, the executive board may charge a fee to cover the actual costs of preparing a copy, but the fee may not exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

 

When NRS 116 talks about providing records at no cost in “electronic format,” what is included in this definition?

NRS 116.3108; NRS 116.31083; NRS 116.31175

While email is a method of providing information in electronic format, it is not the only way. Included are websites, compact discs, USBs/flash drives, etc. If records are provided by electronic means other than by email or posting on a website, the charge to unit owners can only be the cost of the device itself, i.e. the cost of the disc, etc., assuming the requester did not provide the device.