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.
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Statutory text
����� 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:
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Voting on matters related to the
common-interest community.
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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:
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A fine may not be imposed for a
violation that is the subject of a construction penalty pursuant to NRS 116.310305 ; and
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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.
� 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 on the health, safety
or welfare of the units� owners or residents of the common-interest community,
the severity of such violations and limitations on the amounts of the fines.
����� (c) Send a written notice to cure an alleged
violation, without the imposition of a fine, to the unit�s owner and, if
different, the person responsible for curing the alleged violation. Any such
written notice must:
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Include an explanation of the
applicable provisions of the governing documents that form the basis of the
alleged violation;
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Specify in detail the alleged
violation and the proposed action to cure the alleged violation;
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Provide a clear and detailed
photograph of the alleged violation, if the alleged violation relates to the
physical condition of the unit or the grounds of the unit or an act or a
failure to act of which it is possible to obtain a photograph; and
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Provide the unit�s owner or the tenant
a reasonable opportunity to cure the alleged violation before the executive
board may take additional actions, including, without limitation, other
remedies available pursuant to this section.
����� 2. Unless 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 executive board may not
impose a fine pursuant to subsection 1 against a unit�s owner or tenant for a
violation of any provision of the governing documents of an association
committed by an invitee of the unit�s owner or the tenant unless the unit�s
owner or tenant:
����� (a) Participated in or authorized the violation;
����� (b) Had prior notice of the violation pursuant to
paragraph (c) of subsection 1; or
����� (c) Had an opportunity to stop the violation and
failed to do so.
����� 3. If the association adopts a policy
imposing fines for any violations of the governing documents of the
association, the secretary or other officer specified in the bylaws shall
prepare and cause to be hand-delivered or sent prepaid by United States mail to
the mailing address of each unit or to any other mailing address designated in
writing by the unit�s owner, a schedule of the fines that may be imposed for
those violations.
����� 4. The executive board may not impose a
fine pursuant to subsection 1 unless:
����� (a) Not less than 30 days before the alleged
violation, the unit�s owner and, if different, the person against whom the fine
will be imposed had been provided with written notice of the applicable
provisions of the governing documents that form the basis of the alleged
violation; and
����� (b) Within a reasonable time after the discovery
of the alleged violation, the unit�s owner and, if different, the person
against whom the fine will be imposed has been provided with:
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Written notice:
������������������ (I) Specifying in detail the alleged
violation, the proposed action to cure the alleged violation, the amount of the
fine, and the date, time and location for a hearing on the alleged violation; and
������������������ (II) Providing a clear and detailed
photograph of the alleged violation, if the alleged violation relates to the
physical condition of the unit or the grounds of the unit or an act or a
failure to act of which it is possible to obtain a photograph; and
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A reasonable opportunity to cure the
alleged violation or to contest the alleged violation at the hearing.
� For the
purposes of this subsection, a unit�s owner shall not be deemed to have
received written notice unless written notice is mailed to the address of the
unit and, if different, to a mailing address specified by the unit�s owner.
����� 5. The executive board must schedule the
date, time and location for the hearing on the alleged violation so that the
unit�s owner and, if different, the person against whom the fine will be
imposed is provided with a reasonable opportunity to prepare for the hearing
and to be present at the hearing.
����� 6. The executive board must hold a hearing
before it may impose the fine, unless the fine is paid before the hearing or
unless the unit�s owner and, if different, the person against whom the fine
will be imposed:
����� (a) Executes a written waiver of the right to the
hearing; or
����� (b) Fails to appear at the hearing after being
provided with proper notice of the hearing.
����� 7. If a fine is imposed pursuant to
subsection 1 and the violation is not cured within 14 days, or within any
longer period that may be established by the executive board, the violation
shall be deemed a continuing violation. Thereafter, the executive board may
impose an additional fine for the violation, in an amount that does not exceed
the amount of the original fine, for each 7-day period or portion thereof that
the violation is not cured. Any additional fine:
����� (a) May be imposed without providing the
opportunity to cure the violation and without the notice and an opportunity to
be heard required by paragraph (b) of subsection 4; and
����� (b) Is not subject to any limitation on the
amount of fines set forth in subsection 1 or the regulations adopted pursuant
thereto.
����� 8. If the governing documents so provide,
the executive board may appoint a committee, with not less than three members,
to conduct hearings on alleged violations and to impose fines pursuant to this
section. While acting on behalf of the executive board for those limited
purposes, the committee and its members are entitled to all privileges and
immunities and are subject to all duties and requirements of the executive
board and its members.
����� 9. A member of the executive board shall
not participate in any hearing or cast any vote relating to a fine imposed
pursuant to subsection 1 if the member has not paid all assessments which are
due to the association by the member. If a member of the executive board:
����� (a) Participates in a hearing in violation of
this subsection, any action taken at the hearing is void.
����� (b) Casts a vote in violation of this subsection,
the vote is void.
����� 10. The provisions of this section
establish the minimum procedural requirements that the executive board must follow
before it may impose a fine. The provisions of this section do not preempt any
provisions of the governing documents that provide greater procedural
protections.
����� 11. Any past due fine must not bear
interest, but may include any costs incurred by the association during a civil
action to enforce the payment of the past due fine.
����� 12. If requested by a person upon whom a
fine was imposed, not later than 60 days after receiving any payment of a fine,
an association shall provide to the person upon whom the fine was imposed a
statement of the remaining balance owed.
Synced from the Florida Legislature’s official site. Verify the current version before citing.
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Reference only. Not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (September 20, 2026).