1. If a violation of a provision of the governing documents of an association poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units' owners or residents of the common-interest community, the amount of the fine for such a violation:(a) In accordance with NRS 116.31031, as amended by section 2 of Senate Bill No. 72, chapter 157, Statutes of Nevada 2021, at page 711, must be commensurate with the severity of the violation and determined by the executive board in accordance with the governing documents; and(b) Must not exceed $5,000 for each violation.2. A violation of a provision of the governing documents of an association poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units' owners or residents of the common-interest community if the violation, without limitation:(a) Involves a lack of care or neglect which directly and immediately places one or more units' owners, residents or invitees within the common-interest community in danger or direct threat of being harmed; or(b) Is an intentional act which has the potential of causing immediate bodily harm to one or more units' owners, residents or invitees within the common-interest community.3. A violation of a provision of the governing documents of an association does not pose an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units' owners or residents of the common-interest community if the violation consists solely of: (a) Using vulgar, profane or abusive language;(b) Voicing opposition to, or support for, any matter affecting the common-interest community; or(c) Any act committed by a unit's owner, tenant or invitee of a unit's owner or tenant which is: (1) Permitted by this chapter or chapter 116 of NRS or any other applicable federal, state or local law, regulation or ordinance; or(2) Considered to be a nuisance pursuant to a provision of the governing documents of the association.4. Nothing in this section precludes an association from establishing behavioral, etiquette or anti-bullying policies in accordance with the governing documents of the association, a violation of which could result in a fine that is subject to the monetary limitations established in NRS 116.31031, as amended by section 2 of Senate Bill No. 72, chapter 157, Statutes of Nevada 2021, at page 711, if the violation does not pose an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units' owners or residents of the common-interest community.Nev. Admin. Code § 116.Sec. 1
Added to NAC by Real Estate Comm'n by R129-21A, eff. 12/29/2022NRS 116.31031, as amended by section 2 of Senate Bill No. 72, chapter 157, Statutes of Nevada 2021, at page 711