NRS 116.31034
Election of members of executive board and officers of association; term of office of member of executive board; staggered terms; eligibility to be candidate for or member of executive board or officer of association; required disclosures; procedure for conducting elections; certification by ...
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Statutory text
����� 1. Except as otherwise provided in
subsection 5 of NRS 116.212 , not later
than the termination of any period of declarant�s control, the units� owners
shall elect an executive board of at least three members, all of whom must be
units� owners. The executive board shall elect the officers of the association.
Unless the governing documents provide otherwise, the officers of the
association are not required to be units� owners. The members of the executive
board and the officers of the association shall take office upon election.
����� 2. The term of office of a member of the
executive board may not exceed 3 years, except for members who are appointed by
the declarant. Unless the governing documents provide otherwise, there is no
limitation on the number of terms that a person may serve as a member of the
executive board.
����� 3. The governing documents of the
association must provide for terms of office that are staggered in such a
manner that, to the extent possible, an equal number of members of the
executive board are elected at each election. The provisions of this subsection
do not apply to:
����� (a) Members of the executive board who are
appointed by the declarant; and
����� (b) Members of the executive board who serve a
term of 1 year or less.
����� 4. Not less than 30 days before the
preparation of a ballot for the election of members of the executive board, the
secretary or other officer specified in the bylaws of the association shall
cause notice to be given to each unit�s owner of the unit�s owner�s eligibility
to serve as a member of the executive board. Each unit�s owner who is qualified
to serve as a member of the executive board may have his or her name placed on
the ballot along with the names of the nominees selected by the members of the
executive board or a nominating committee established by the association.
����� 5. Before the secretary or other officer
specified in the bylaws of the association causes notice to be given to each
unit�s owner of his or her eligibility to serve as a member of the executive
board pursuant to subsection 4, the executive board may determine that if, at
the closing of the prescribed period for nominations for membership on the
executive board, the number of candidates nominated for membership on the
executive board is equal to or less than the number of members to be elected to
the executive board at the election, then:
����� (a) The association will not prepare or provide
any ballots to units� owners pursuant to this section; and
����� (b) The nominated candidates shall be deemed to
be duly elected to the executive board at the meeting of the units� owners at
which the ballots would have been counted pursuant to paragraph (e) of
subsection 15.
����� 6. If the executive board makes the
determination set forth in subsection 5, the secretary or other officer
specified in the bylaws of the association shall disclose the determination and
the provisions of subsection 5 with the notice given pursuant to subsection 4.
����� 7. If, at the closing of the prescribed
period for nominations for membership on the executive board, the number of
candidates nominated for membership on the executive board is less than the
number of members to be elected to the executive board at the election, the
executive board may fill the remaining vacancies on the executive board by
appointment of the executive board at a meeting of the executive board held
after the candidates are elected pursuant to subsection 5. Any such person
appointed to the executive board shall serve as a member of the executive board
until the next regularly scheduled election of members of the executive board.
An executive board member elected to a previously appointed position which was
temporarily filled by board appointment pursuant to this subsection may only be
elected to fulfill the remainder of that term.
����� 8. If, at the closing of the prescribed
period for nominations for membership on the executive board described in
subsection 5, the number of candidates nominated for membership on the
executive board is greater than the number of members to be elected to the
executive board, then the association shall:
����� (a) Prepare and provide ballots to the units�
owners pursuant to this section; and
����� (b) Conduct an election for membership on the
executive board pursuant to this section.
����� 9. Each person who is nominated as a
candidate for membership on the executive board pursuant to subsection 4 must:
����� (a) Make a good faith effort to disclose any
financial, business, professional or personal relationship or interest that
would result or would appear to a reasonable person to result in a potential
conflict of interest for the candidate if the candidate were to be elected to
serve as a member of the executive board; and
����� (b) Disclose whether the candidate is a member in
good standing. For the purposes of this paragraph, a candidate shall not be
deemed to be in �good standing� if the candidate has any unpaid and past due
assessments or construction penalties that are required to be paid to the
association.
� The
candidate must make all disclosures required pursuant to this subsection in
writing to the association with his or her candidacy information. Except as
otherwise provided in this subsection, the association shall distribute the
disclosures, on behalf of the candidate, to each member of the association with
the ballot or, in the event ballots are not prepared and provided pursuant to
subsection 5, in the next regular mailing of the association. The association
is not obligated to distribute any disclosure pursuant to this subsection if
the disclosure contains information that is believed to be defamatory, libelous
or profane.
����� 10. Except as otherwise provided in
subsections 11 and 12, unless a person is appointed by the declarant:
����� (a) A person may not be a candidate for or member
of the executive board or an officer of the association if:
������������
The person resides in a unit with, is
married to, is domestic partners with, or is related by blood, adoption or
marriage within the third degree of consanguinity or affinity to another person
who is also a member of the executive board or is an officer of the
association;
������������
The person stands to gain any personal
profit or compensation of any kind from a matter before the executive board of
the association; or
������������
The person, the person�s spouse or the
person�s parent or child, by blood, marriage or adoption, performs the duties
of a community manager for that association.
����� (b) A person may not be a candidate for or member
of the executive board of a master association or an officer of that master
association if the person, the person�s spouse or the person�s parent or child,
by blood, marriage or adoption, performs the duties of a community manager for:
������������
That master association; or
������������
Any association that is subject to the
governing documents of that master association.
����� 11. A person, other than a person
appointed by the declarant, who owns 75 percent or more of the units in an
association may:
����� (a) Be a candidate for or member of the executive
board or an officer of the association; and
����� (b) Reside in a unit with, be married to, be
domestic partners with, or be related by blood, adoption or marriage within the
third degree of consanguinity or affinity to another person who is also a
member of the executive board or is an officer of the association,
� unless the
person owning 75 percent or more of the units in the association and the other
person would constitute a majority of the total number of seats on the
executive board.
����� 12. A person, other than a person
appointed by the declarant, may:
����� (a) Be a candidate for or member of the executive
board; and
����� (b) Reside in a unit with, be married to, be
domestic partners with, or be related by blood, adoption or marriage within the
third degree of consanguinity or affinity to another person who is also a
member of the executive board or is an officer of the association,
� if the
number of candidates nominated for membership on the executive board is less
than or equal to the number of members to be elected to the executive board.
����� 13. If a person is not eligible to be a
candidate for or member of the executive board or an officer of the association
pursuant to any provision of this chapter, the association:
����� (a) Must not place his or her name on the ballot;
and
����� (b) Must prohibit such a person from serving as a
member of the executive board or an officer of the association.
����� 14. An officer, employee, agent or
director of a corporate owner of a unit, a trustee or designated beneficiary of
a trust that owns a unit, a partner of a partnership that owns a unit, a member
or manager of a limited-liability company that owns a unit, and a fiduciary of
an estate that owns a unit may be an officer of the association or a member of
the executive board. In all events where the person serving or offering to
serve as an officer of the association or a member of the executive board is
not the record owner, the person shall file proof in the records of the
association that:
����� (a) The person is associated with the corporate
owner, trust, partnership, limited-liability company or estate as required by
this subsection; and
����� (b) Identifies the unit or units owned by the
corporate owner, trust, partnership, limited-liability company or estate.
����� 15. Except as otherwise provided in
subsection 5 or NRS 116.311 or 116.31105 , the election of any member of
the executive board must be conducted by secret ballot in the following manner:
����� (a) The secretary or other officer specified in
the bylaws of the association shall cause a secret paper or electronic ballot
to be provided to each unit�s owner and:
������������
If a paper ballot is provided, shall
send the ballot and a return envelope, prepaid by United States mail, to the
mailing address of each unit within the common-interest community or to any
other mailing address designated in writing by the unit�s owner; or
������������
If an electronic ballot is provided,
shall provide the ballot or make the ballot available by electronic means to
each unit�s owner.
����� (b) Each unit�s owner must be provided with at
least 15 days after the date the secret ballot is mailed, provided or made
available to the unit�s owner to return the secret ballot to the association by
physical or electronic means.
����� (c) A quorum is not required for the election of
any member of the executive board.
����� (d) Only the secret ballots that the association
receives by physical or electronic means may be counted to determine the
outcome of the election.
����� (e) At the meeting of the units� owners held
pursuant to subsection 1 of NRS 116.3108 ,
the secret ballots physically received by the association must be opened and
counted and the results of the secret ballots received by the association by
electronic means must be reviewed, announced and entered into the record. A
quorum is not required to be present when the secret ballots physically
received by the association are opened and counted or the results of the secret
ballots received by the association by electronic means are reviewed, announced
and entered into the record at the meeting.
����� (f) The incumbent members of the executive board
and each person whose name is placed on the ballot as a candidate for
membership on the executive board may not possess, be given access to or
participate in the opening or counting of the secret ballots that the
association physically receives, or the collection of data regarding the secret
ballots that the association receives by electronic means, before those secret
ballots have been opened and counted or reviewed, announced and entered into
the record, as applicable, at a meeting of the association.
����� 16. An association shall not adopt any
rule or regulation that has the effect of prohibiting or unreasonably
interfering with a candidate in the candidate�s campaign for election as a
member of the executive board, except that the candidate�s campaign may be
limited to 90 days before the date that ballots are required to be returned to
the association.
����� 17. A candidate who has submitted a
nomination form for election as a member of the executive board may request
that the association or its agent either:
����� (a) Send before the date of the election and at
the association�s expense, to the mailing address of each unit within the
common-interest community or to any other mailing address designated in writing
by the unit�s owner a candidate informational statement. The candidate
informational statement:
������������
Must be no longer than a single, typed
page;
������������
Must not contain any defamatory,
libelous or profane information; and
������������
May be sent with a secret ballot
mailed pursuant to subsection 15 or in a separate mailing; or
����� (b) To allow the candidate to communicate
campaign material directly to the units� owners, provide to the candidate, in
paper format at a cost not to exceed 25 cents per page for the first 10 pages
and 10 cents per page thereafter, in the format of a compact disc at a cost of
not more than $5 or by electronic mail at no cost:
������������
A list of the mailing address of each
unit, which must not include the names of the units� owners or the name of any
tenant of a unit�s owner; or
������������
If the members of the association are
owners of time shares within a time share plan created pursuant to chapter 119A of NRS and:
������������������ (I) The voting rights of those
owners are exercised by delegates or representatives pursuant to NRS 116.31105 , the mailing address of the
delegates or representatives.
������������������ (II) The voting rights of those
owners are not exercised by delegates or representatives, the mailing address
of the association established pursuant to NRS
119A.520 . If the mailing address of the association is provided to the
candidate pursuant to this sub-subparagraph, the association must send to each
owner of a time share within the time share plan the campaign material provided
by the candidate. If the campaign material will be sent by mail, the candidate
who provides the campaign material must provide to the association a separate
copy of the campaign material for each owner and must pay the actual costs of
mailing before the campaign material is mailed. If the campaign material will
be sent by electronic transmission, the candidate must provide to the
association one copy of the campaign material in an electronic format.
� The
information provided pursuant to this paragraph must not include the name of
any unit�s owner or any tenant of a unit�s owner. If a candidate who makes a
request for the information described in this paragraph fails or refuses to
provide a written statement signed by the candidate which states that the
candidate is making the request to allow the candidate to communicate campaign
material directly to units� owners and that the candidate will not use the
information for any other purpose, the association or its agent may refuse the
request.
����� 18. An association and its directors,
officers, employees and agents are immune from criminal or civil liability for
any act or omission which arises out of the publication or disclosure of any
information related to any person and which occurs in the course of carrying
out any duties required pursuant to subsection 17.
����� 19. Each member of the executive board
shall, within 90 days after his or her appointment or election, certify in
writing to the association, on a form prescribed by the Administrator, that the
member has read and understands the governing documents of the association and
the provisions of this chapter to the best of his or her ability. The
Administrator may require the association to submit a copy of the certification
of each member of the executive board of that association at the time the
association registers with the Ombudsman pursuant to NRS 116.31158 .
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).