The
information statement required by NRS
116.4103 and 116.4109 must be in
substantially the following form:
BEFORE
YOU PURCHASE PROPERTY IN A
COMMON-INTEREST
COMMUNITY
DID
YOU KNOW . . .
������ 1. YOU GENERALLY
HAVE 5 DAYS TO CANCEL THE PURCHASE AGREEMENT?
When you enter into a purchase
agreement to buy a home or unit in a common-interest community, in most cases
you should receive either a public offering statement, if you are the original
purchaser of the home or unit, or a resale package, if you are not the original
purchaser. The law generally provides for a 5-day period in which you have the
right to cancel the purchase agreement. The 5-day period begins on different
starting dates, depending on whether you receive a public offering statement or
a resale package. Upon receiving a public offering statement or a resale
package, you should make sure you are informed of the deadline for exercising
your right to cancel. In order to exercise your right to cancel, the law
generally requires that you hand deliver the notice of cancellation to the
seller within the 5-day period, or mail the notice of cancellation to the
seller by prepaid United States mail within the 5-day period. Alternatively, if
you are not the original purchaser and received a resale package, you may
deliver the notice of cancellation by electronic transmission to the seller
within the 5-day period in order to exercise your right to cancel. For more
information regarding your right to cancel, see Nevada Revised Statutes
116.4108, if you received a public offering statement, or Nevada Revised
Statutes 116.4109, if you received a resale package.
������ 2. YOU ARE
AGREEING TO RESTRICTIONS ON HOW YOU CAN USE YOUR PROPERTY?
These restrictions are contained in
a document known as the Declaration of Covenants, Conditions and Restrictions.
The CC&Rs become a part of the title to your property. They bind you and
every future owner of the property whether or not you have read them or had
them explained to you. The CC&Rs, together with other �governing documents�
(such as association bylaws and rules and regulations), are intended to
preserve the character and value of properties in the community, but may also
restrict what you can do to improve or change your property and limit how you
use and enjoy your property. By purchasing a property encumbered by CC&Rs,
you are agreeing to limitations that could affect your lifestyle and freedom of
choice. You should review the CC&Rs, and other governing documents before
purchasing to make sure that these limitations and controls are acceptable to
you. Certain provisions in the CC&Rs and other governing documents may be
superseded by contrary provisions of chapter 116
of the Nevada Revised Statutes. The Nevada Revised Statutes are available at
the Internet address http://www.leg.state.nv.us/nrs/ .
������ 3. YOU WILL HAVE
TO PAY OWNERS� ASSESSMENTS FOR AS LONG AS YOU OWN YOUR PROPERTY?
As an owner in a common-interest
community, you are responsible for paying your share of expenses relating to
the common elements, such as landscaping, shared amenities and the operation of
any homeowners� association. The obligation to pay these assessments binds you
and every future owner of the property. Owners� fees are usually assessed by
the homeowners� association and due monthly. You have to pay dues whether or
not you agree with the way the association is managing the property or spending
the assessments. The executive board of the association may have the power to
change and increase the amount of the assessment and to levy special
assessments against your property to meet extraordinary expenses. In some
communities, major components of the common elements of the community such as
roofs and private roads must be maintained and replaced by the association. If
the association is not well managed or fails to provide adequate funding for
reserves to repair, replace and restore common elements, you may be required to
pay large, special assessments to accomplish these tasks.
������ 4. IF YOU FAIL
TO PAY OWNERS� ASSESSMENTS, YOU COULD LOSE YOUR HOME?
If you do not pay these assessments
when due, the association usually has the power to collect them by selling your
property in a nonjudicial foreclosure sale. If fees become delinquent, you may
also be required to pay penalties and the association�s costs and attorney�s
fees to become current. If you dispute the obligation or its amount, your only
remedy to avoid the loss of your home may be to file a lawsuit and ask a court
to intervene in the dispute.
������ 5. YOU MAY
BECOME A MEMBER OF A HOMEOWNERS� ASSOCIATION THAT HAS THE POWER TO AFFECT HOW
YOU USE AND ENJOY YOUR PROPERTY?
Many common-interest communities
have a homeowners� association. In a new development, the association will
usually be controlled by the developer until a certain number of units have
been sold. After the period of developer control, the association may be
controlled by property owners like yourself who are elected by homeowners to
sit on an executive board and other boards and committees formed by the
association. The association, and its executive board, are responsible for
assessing homeowners for the cost of operating the association and the common
or shared elements of the community and for the day to day operation and
management of the community. Because homeowners sitting on the executive board
and other boards and committees of the association may not have the experience
or professional background required to understand and carry out the
responsibilities of the association properly, the association may hire
professional community managers to carry out these responsibilities.
Homeowners� associations operate on
democratic principles. Some decisions require all homeowners to vote, some
decisions are made by the executive board or other boards or committees
established by the association or governing documents. Although the actions of
the association and its executive board are governed by state laws, the
CC&Rs and other documents that govern the common-interest community,
decisions made by these persons will affect your use and enjoyment of your
property, your lifestyle and freedom of choice, and your cost of living in the
community. You may not agree with decisions made by the association or its
governing bodies even though the decisions are ones which the association is
authorized to make. Decisions may be made by a few persons on the executive
board or governing bodies that do not necessarily reflect the view of the
majority of homeowners in the community. If you do not agree with decisions
made by the association, its executive board or other governing bodies, your
remedy is typically to attempt to use the democratic processes of the association
to seek the election of members of the executive board or other governing
bodies that are more responsive to your needs. If you have a dispute with the
association, its executive board or other governing bodies, you may be able to
resolve the dispute through the complaint, investigation and intervention
process administered by the Office of the Ombudsman for Owners in
Common-Interest Communities and Condominium Hotels, the Nevada Real Estate
Division and the Commission for Common-Interest Communities and Condominium
Hotels. However, to resolve some disputes, you may have to mediate or arbitrate
the dispute and, if mediation or arbitration is unsuccessful, you may have to
file a lawsuit and ask a court to resolve the dispute. In addition to your
personal cost in mediation or arbitration, or to prosecute a lawsuit, you may
be responsible for paying your share of the association�s cost in defending
against your claim.
������ 6. YOU ARE
REQUIRED TO PROVIDE PROSPECTIVE PURCHASERS OF YOUR PROPERTY WITH INFORMATION
ABOUT LIVING IN YOUR COMMON-INTEREST COMMUNITY?
The law requires you to provide a
prospective purchaser of your property with a copy of the community�s governing
documents, including the CC&Rs, association bylaws, and rules and
regulations, as well as a copy of this document. You are also required to
provide a copy of the association�s current year-to-date financial statement,
including, without limitation, the most recent audited or reviewed financial
statement, a copy of the association�s operating budget and information
regarding the amount of the monthly assessment for common expenses, including
the amount set aside as reserves for the repair, replacement and restoration of
common elements. You are also required to inform prospective purchasers of any
outstanding judgments or lawsuits pending against the association of which you
are aware. For more information regarding these requirements, see Nevada
Revised Statutes 116.4109.
������ 7. YOU HAVE
CERTAIN RIGHTS REGARDING OWNERSHIP IN A COMMON-INTEREST COMMUNITY THAT ARE
GUARANTEED YOU BY THE STATE?
Pursuant to provisions of chapter 116 of Nevada Revised Statutes, you have
the right:
������ (a) To be notified of
all meetings of the association and its executive board, except in cases of
emergency.
������ (b) To attend and speak
at all meetings of the association and its executive board, except in some
cases where the executive board is authorized to meet in closed, executive
session.
������ (c) To request a
special meeting of the association upon petition of at least 10 percent of the
homeowners.
������ (d) To inspect,
examine, photocopy and audit financial and other records of the association.
������ (e) To be notified of
all changes in the community�s rules and regulations and other actions by the
association or board that affect you.
������ 8. QUESTIONS?
Although they may be voluminous, you
should take the time to read and understand the documents that will control
your ownership of a property in a common-interest community. You may wish to ask
your real estate professional, lawyer or other person with experience to
explain anything you do not understand. You may also request assistance from
the Office of the Ombudsman for Owners in Common-Interest Communities and
Condominium Hotels, Nevada Real Estate Division, at (telephone number).
Buyer or prospective buyer�s
initials:_____
Date:_____
Synced from the Florida Legislature’s official site. Verify the current version before citing.