NRS 116.760 Right of person aggrieved by alleged violation to file affidavit with Real Estate Division; procedure for filing affidavit; administrative fine or sanctions for filing false or fraudulent affidavit; designation as vexatious affiant.

444 words·~2 min read·/nv/chapter-116-common-interest-ownership-uniform-act/116-760·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in this section, a person who is aggrieved by an alleged violation may, not later than 1 year after the person discovers or reasonably should have discovered the alleged violation, file with the Division a written affidavit that sets forth the facts constituting the alleged violation. The affidavit may allege any actual damages suffered by the aggrieved person as a result of the alleged violation.

2. An aggrieved person may not file such an affidavit unless the aggrieved person has provided the respondent by certified mail, return receipt requested, with written notice of the alleged violation set forth in the affidavit. The notice must:

(a)Be mailed to the respondent’s last known address.

(b)Specify, in reasonable detail, the alleged violation, any actual damages suffered by the aggrieved person as a result of the alleged violation, and any corrective action proposed by the aggrieved person.

3. A written affidavit filed with the Division pursuant to this section must be:

(a)On a form prescribed by the Division.

(b)Accompanied by evidence that:

(1)The respondent has been given a reasonable opportunity after receiving the written notice to correct the alleged violation; and

(2)Reasonable efforts to resolve the alleged violation have failed.

4. The Commission or a hearing panel may impose either or both of the following:

(a)An administrative fine of not more than $10,000; or

(b)Sanctions disqualifying a person from serving as a member of the executive board for a period of not more than 10 years,

Ê against any person who knowingly files a false or fraudulent affidavit with the Division.

5. The Commission or a hearing panel may designate a person as a vexatious affiant if the Commission or a hearing panel has imposed an administrative fine or sanctions against the person pursuant to subsection 4 for knowingly filing a false or fraudulent affidavit with the Division on two or more occasions. If the Commission or a hearing panel has designated a person as a vexatious affiant pursuant to this subsection, the Commission or hearing panel shall transmit a copy of the order designating the person as a vexatious affiant to the Division and the Division shall not thereafter accept an affidavit filed by the person unless:

(a)The person first submits a copy of the affidavit to the Ombudsman; and

(b)After reviewing the affidavit, the Ombudsman grants leave for the person to file the affidavit with the Division.