NRS 116.31105
Voting by delegates or representatives; limitations; procedure for electing delegates or representatives.
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Statutory text
����� 1. Except as otherwise provided in
subsection 8, if the declaration so provides, in a common-interest community
that consists of at least 1,000 units, the voting rights of the units� owners
in the association for that common-interest community may be exercised by
delegates or representatives except that, in the election or removal of a
member of the executive board, the voting rights of the units� owners may not
be exercised by delegates or representatives.
����� 2. Except as otherwise provided in
subsection 8, in addition to a common-interest community identified in
subsection 1, if the declaration so provides, in a common-interest community
created before October 1, 1999, the voting rights of the units� owners in the
association for that common-interest community may be exercised by delegates or
representatives except that, in the election or removal of a member of the
executive board, the voting rights of the units� owners may not be exercised by
delegates or representatives.
����� 3. In addition to a common-interest
community identified in subsections 1 and 2, if the declaration so provides,
the voting rights of the owners of time shares within a time-share plan created
pursuant to chapter 119A of NRS which is
governed by a master association may be exercised by delegates or
representatives.
����� 4. For the purposes of subsection 1, each
unit that a declarant has reserved the right to create pursuant to NRS 116.2105 and for which developmental
rights exist must be counted in determining the number of units in a
common-interest community.
����� 5. For the purposes of subsection 3, each
time share that a developer has reserved the right to create pursuant to
paragraph (g) of subsection 2 of NRS
119A.380 must be counted in determining the number of time shares in a
time-share plan.
����� 6. Notwithstanding any provision in the
declaration, the election of any delegate or representative must be conducted
by secret ballot.
����� 7. When an election of a delegate or
representative is conducted by secret ballot:
����� (a) The secretary or other officer of the
association 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) Only the secret ballots that the association
receives by physical or electronic means may be counted to determine the
outcome of the election.
����� (d) At a meeting called for the purpose of
electing delegates or representatives, 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.
����� (e) A candidate for delegate or representative
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
called for that purpose.
����� 8. Except as otherwise provided in
subsection 9, the voting rights of the units� owners in the association for a
common-interest community may be exercised by delegates or representatives only
during the period that the declarant is in control of the association and
during the 2-year period after the declarant�s control of the association is
terminated pursuant to NRS 116.31032 .
����� 9. The provisions of subsection 8 do not
apply to:
����� (a) A time-share plan created pursuant to chapter 119A of NRS which is governed by a
master association; or
����� (b) A condominium or cooperative containing both
units that are restricted exclusively to nonresidential use and other units
that are not so restricted.
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 (July 6, 2026).