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NRS 116.3105

Termination of contracts and leases of declarant

Known as the Uniform Common-Interest Ownership Act

The act spans §§ 116–116 (235 sections).

Applied in 2 court decisions — leading case Boulder Oaks Community Ass'n v. B & J Andrews Enterprises, LLC (2009)

Most recently applied in DOUBLE DIAMOND RANCH MASTER ASS'N VS. DIST. CT. (THE CITY OF RENO, NEV.) (July 2015)

(Added to NRS by 1991, 561; A 1993, 2368; 2011, 2435)

1. Within 2 years after the executive board elected by the units’ owners pursuant to NRS 116.31034 takes office, the association may terminate without penalty, upon not less than 90 days’ notice to the other party, any of the following if it was entered into before that executive board was elected:

(a) Any management, maintenance, operations or employment contract, or lease of recreational or parking areas or facilities; or

(b) Any other contract or lease between the association and a declarant or an affiliate of a declarant.

2. The association may terminate without penalty, at any time after the executive board elected by the units’ owners pursuant to NRS 116.31034 takes office upon not less than 90 days’ notice to the other party, any contract or lease that is not in good faith or was unconscionable to the units’ owners at the time entered into.

3. This section does not apply to:

(a) Any lease the termination of which would terminate the common-interest community or reduce its size, unless the real estate subject to that lease was included in the common-interest community for the purpose of avoiding the right of the association to terminate a lease under this section; or

(b) A proprietary lease.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.