����� 1. Except as otherwise provided in
subsection 2, a member of an executive board, an officer of an association or a
community manager shall not solicit or accept any form of compensation,
gratuity or other remuneration that:
����� (a) Would improperly influence or would appear to
a reasonable person to improperly influence the decisions made by those
persons; or
����� (b) Would result or would appear to a reasonable
person to result in a conflict of interest for those persons.
����� 2. Notwithstanding the provisions of
subsection 1, a member of an executive board, an officer of an association, a
community manager or any person working for a community manager shall not
accept, directly or indirectly, any gifts, incentives, gratuities, rewards or
other items of value from:
����� (a) An attorney, law firm or vendor, or any
person working directly or indirectly for the attorney, law firm or vendor,
which total more than the amount established by the Commission by regulation,
not to exceed $100 per year per such attorney, law firm or vendor; or
����� (b) A declarant, an affiliate of a declarant or
any person responsible for the construction of the applicable community or
association which total more than the amount established by the Commission by
regulation, not to exceed $100 per year per such declarant, affiliate or
person.
����� 3. An attorney, law firm or vendor, or any
person working directly or indirectly for the attorney, law firm or vendor,
shall not provide, directly or indirectly, any gifts, incentives, gratuities,
rewards or other items of value to a member of the executive board, an officer
of the association, the community manager or any person working for the community
manager which total more than the amount established by the Commission by
regulation, not to exceed $100 per year per such member, officer, community
manager or person.
����� 4. A declarant, an affiliate of a
declarant or any person responsible for the construction of a community or
association, shall not provide, directly or indirectly, any gifts, incentives,
gratuities, rewards or other items of value to a member of the executive board,
an officer of the association, the community manager or any person working for
the community manager which total more than the amount established by the
Commission by regulation, not to exceed $100 per year per such member, officer,
community manager or person.
����� 5. In addition to the limitations set
forth in subsection 1, a community manager shall not solicit or accept any form
of compensation, fee or other remuneration that is based, in whole or in part,
on:
����� (a) The number or amount of fines imposed against
or collected from units� owners or tenants or guests of units� owners pursuant
to NRS 116.31031 for violations of the
governing documents of the association; or
����� (b) Any percentage or proportion of those fines.
����� 6. The provisions of this section do not prohibit
a community manager from being paid compensation, a fee or other remuneration
under the terms of a contract between the community manager and an association
if:
����� (a) The scope of the respective rights, duties
and obligations of the parties under the contract comply with the standards of
practice for community managers set forth as NRS 116A.630 and 116A.640 and any additional standards of
practice adopted by the Commission by regulation pursuant to NRS 116A.400 ;
����� (b) The compensation, fee or other remuneration
is being paid to the community manager for providing management of the
common-interest community; and
����� (c) The compensation, fee or other remuneration
is not structured in a way that would violate the provisions of subsection 1 or
5.
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