NRS 116.31085
Right of units� owners to speak at certain meetings; limitations on right; limitations on power of executive board to meet in executive session; procedure governing hearings on alleged violations; requirements concerning minutes of certain meetings.
No plain-English summary yet for this section. Read the statutory text below or open the official source.
Statutory text
����� 1. Except as otherwise provided in this
section, a unit�s owner may attend any meeting of the units� owners or of the
executive board and speak at any such meeting. The executive board may
establish reasonable limitations on the time a unit�s owner may speak at such a
meeting.
����� 2. An executive board may not meet in
executive session to open or consider bids for an association project as
defined in NRS 116.31086 , or to enter
into, renew, modify, terminate or take any other action regarding a contract.
����� 3. An executive board may meet in
executive session only to:
����� (a) Consult with the attorney for the association
if the contents of the discussion would otherwise be governed by the privilege
set forth in NRS 49.035 to 49.115 , inclusive.
����� (b) Discuss the character, alleged misconduct,
professional competence, or physical or mental health of a community manager or
an employee of the association.
����� (c) Except as otherwise provided in subsection 4,
discuss a violation of the governing documents, including, without limitation,
the failure to pay an assessment.
����� (d) Discuss the alleged failure of a unit�s owner
to adhere to a schedule required pursuant to NRS 116.310305 if the alleged failure
may subject the unit�s owner to a construction penalty.
����� 4. An executive board shall meet in
executive session to hold a hearing on an alleged violation of the governing
documents unless the person who may be sanctioned for the alleged violation
requests in writing that an open hearing be conducted by the executive board,
in which case the hearing must be held in a meeting of the executive board
pursuant to NRS 116.31083 . The person
who may be sanctioned for the alleged violation:
����� (a) Is entitled to attend all portions of the
hearing related to the alleged violation, including, without limitation, the
presentation of evidence and the testimony of witnesses;
����� (b) Is entitled to due process, as set forth in
the standards adopted by regulation by the Commission, which must include,
without limitation, the right to counsel, the right to present witnesses and
the right to present information relating to any conflict of interest of any
member of the hearing panel;
����� (c) Is not entitled to attend the deliberations
of the executive board; and
����� (d) Is entitled to receive written notice of the
decision of the executive board regarding the alleged violation within a
reasonable time after the decision is made. The period to cure a violation
before it becomes a continuing violation as provided in subsection 7 of NRS 116.31031 shall be deemed not to
commence until the date on which the notice of the decision of the executive
board is provided to the person sanctioned for the violation.
����� 5. The provisions of subsection 4
establish the minimum protections that the executive board must provide before
it may make a decision. The provisions of subsection 4 do not preempt any
provisions of the governing documents that provide greater protections.
����� 6. Except as otherwise provided in this
subsection, any matter discussed by the executive board when it meets in
executive session must be generally noted in the minutes of the meeting of the
executive board. If the executive board holds a meeting limited exclusively to
an executive session pursuant to paragraph (c) or (d) of subsection 3, at the
next regularly scheduled meeting of the executive board, the executive board
shall acknowledge that the executive board met in accordance with paragraph (c)
or (d) of subsection 3, as applicable, and include such an acknowledgment in
the minutes of the meeting at which the acknowledgment was made. The executive
board shall maintain minutes of any decision made pursuant to subsection 4
concerning an alleged violation.
����� 7. Except as otherwise provided in
subsection 4, a unit�s owner is not entitled to attend or speak at a meeting of
the executive board held in executive session.
Synced from the Florida Legislature’s official site. Verify the current version before citing.
Does your association comply?
Run your governing documents through the compliance scan. It checks them against the rules that apply in your state.
Run the compliance scanPut this statute to work
Free tools for Nevada boards and owners. No account needed.
Free account
Save your place and go deeper
A free account adds bookmarks, PDF export, uploaded governing documents, and side-by-side search with Florida statutes.
- Bookmark statute sections you cite in meetings
- Upload CC&Rs and bylaws with the same section finder
- Ask questions in the Common Area forum
Common Elements is the platform for the community association industry, centered on the associations themselves: the record of each association, the people and professionals who live in, run, manage, and serve them, and the tools, data, and education they use to work together. It complements the management and accounting software you already use; it does not replace it.
Reference only. Not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (September 20, 2026).