Tag: RFJN

Request for Judicial Notice: Laws & Regulations Exhibit 3 Limits on HOA agents’ & managers’ authority to act

NRS 116.310313     Collection of past due obligation; charge of reasonable fee to collect.

2.  The provisions of this section apply to any costs of collecting a past due obligation charged to a unit’s owner, regardless of whether the past due obligation is collected by the association itself or by any person acting on behalf of the association, including, without limitation, an officer or employee of the association, a community manager or a collection agency.

NRS 116.310313 (2)

NRS 116.310315     Accounting for fines imposed by association.

NRS 116.31083       Meetings of executive board; frequency of meetings; notice of meetings; periodic review of certain financial and legal matters at meetings; requirements concerning minutes of meetings; right of units’ owners to make audio recordings of certain meetings.

NRS 116.31084       Voting by member of executive board; disclosures; abstention from voting on certain matters.

NRS 116.31085       Right of units’ owners to speak at certain meetings; limitations on right; limitations on power of executive board to meet in executive session; procedure governing hearings on alleged violations; requirements concerning minutes of certain meetings.

NRS 116.31087       Right of units’ owners to have certain complaints placed on agenda of meeting of executive board.

HOA managing agents are fiduciaries

 NRS 116A.620  Management agreement: Contents; requirements; community manager to provide executive board with evidence of insurance; community manager to provide executive board with copy; changes; termination or assignment

3/31/14 management agrement FirstService Residential and Sun City Anthem

4/27/12 debt collection agreement FirstService Residential dba Red Rock Financial Services and Sun City Anthem includes an unenforced indemnification clause that unjustly enriches Red Rock’s undisclosed principals

NRS 116A.630  Standards of practice for community managers. 

In addition to any additional standards of practice for community managers adopted by the Commission by regulation pursuant to NRS 116A.400, a community manager shall:

      1.  Except as otherwise provided by specific statute, at all times:

      (a) Act as a fiduciary in any client relationship; and

      (b) Exercise ordinary and reasonable care in the performance of duties.

NRS 116A.630(1)(a)

Agents owe duties to the HOA & have no independent rights to profits

NRS 205.405  Falsifying accounts

NRS 207.230           Acting without lawful authority.

NRS 116.3116-NRS 116.31168 (2013)

NRS 116.31164(3)(2013) Ministerial duties after an HOA sale

Red Rock did not comply with NRS 116.31164 (3) (b) or (c)

NRS 116A.640        Community manager prohibited from engaging in certain acts; exceptions.

In addition to the standards of practice for community managers set forth in NRS 116A.630 and any additional standards of practice adopted by the Commission by regulation pursuant to NRS 116A.400, a community manager shall not:

 8.  Intentionally apply a payment of an assessment from a unit’s owner towards any fine, fee or other charge that is due.

      9.  Refuse to accept from a unit’s owner payment of any assessment, fine, fee or other charge that is due because there is an outstanding payment due.

      10.  Collect any fees or other charges from a client not specified in the management agreement.

NRS 116A.640 (8), (9), (10)

9.  Taking property from another under circumstances not amounting to robbery;      

29.  Perjury or subornation of perjury;

30.  Offering false evidence;

NRS 207.360 (9) (29) (30)

HOA Governing Documents

SCA third amended & restated CC&Rs 2008

SCA Third Amended and Restated Bylaws, 2008

Sun City Anthem CC&Rs 7.4 Compliance & Enforcement

Sun City Anthem bylaws 3.15 Open HOA Board meetings

Sun City Anthem bylaws 3.15A Executive session HOA Board meeting

Sun City Anthem bylaws 3.17        Powers of the HOA Board

Sun City Anthem bylaws 3.18. Duties of the HOA Board

Sun City Anthem bylaws 3.20. Management; Defines what HOA Board duties SHALL not be delegated

 Sun City Anthem bylaws 3.25. Board standards. Directors are fiduciaries

Sun City Anthem bylaws 3.21 (f)(v) Delinquency reports must be published quarterly

Sun City Anthem bylaws 3.21      Accounts and reports: delinquency report

(f)(v) a delinquency report listing all Owners who are delinquent in paying any assessments at the time of the report and describing the status of any action to collect such assessments which remain delinquent ( any assessment or installment thereof shall be considered to be delinquent on the 15th day following the due date unless otherwise specified by Board resolution).

SCa bylaws 3.21 (f)(v)

Sun City Anthem bylaws 3.26. Enforcement procedures

Request for Judicial Notice: Laws & Regulations Exhibit 4 Limits on conveyance of real property

NRS 111 Statute of Frauds

NRS 111.105  Conveyances by deed.  

NRS 111.120  Conditions necessary before proof by subscribing witness can be taken.  

NRS 111.125 Proof required from subscribing witnesses. 

NRS 111.175  Conveyances made to defraud prior or subsequent purchasers are void. 

NRS 111.180  Bona fide purchaser: Conveyance not deemed fraudulent in favor of bona fide purchaser unless subsequent purchaser had actual knowledge, constructive notice or reasonable cause to know of fraud.

Relevant to Jimijack’s 6/9/15 inadmissible deed.

See 1/11/17 Nona Tobin’s Declaration under penalty of perjury

All subsequent transfers of Jimijack’s defective deed were void.

NRS 111.340  Certificate of acknowledgment and record may be rebutted.  Neither the certificate of the acknowledgment nor of the proof of any conveyance or instrument, nor the record, nor the transcript of the record, of such conveyance or instrument, shall be conclusive, but the same may be rebutted.

NRS 111.345  Proof taken upon oath of incompetent witness: Instrument not admissible until established by competent proof.  If the party contesting the proof of any conveyance or instrument shall make it appear that any such proof was taken upon the oath of an incompetent witness, neither such conveyance or instrument, nor the record thereof, shall be received in evidence, until established by other competent proof.

NRS 240 NOTARY PUBLICS

NRS 240.120  Journal of notarial acts: Duty to maintain; contents; verification based upon credible witness; copy of entry; storage; period of retention; report of loss or theft; exceptions.

NRS 240.155  Notarization of signature of person not in presence of notary public unlawful; penalty.

NRS 240.075 Prohibited acts.  A notary public shall not:

      2.  Certify an instrument containing a statement known by the notary public to be false.

      3.  Perform any act as a notary public with intent to deceive or defraud, including, without limitation, altering the journal that the notary public is required to keep pursuant to NRS 240.120.

NRS 240.075

NRS 240.147  Unlawful destruction, defacement or concealment of notarial record.  

Request for Judicial Notice: Laws & Regulations Exhibit 2 Limits on HOA Board’s authority to impose sanctions

Nevada laws

NRS 116.1104         Provisions of chapter may not be varied by agreement, waived or evaded; exceptions.

NRS 116.1108         Supplemental general principles of law applicable.

NRS 116.1112         Unconscionable agreement or term of contract.

NRS 116.1113            Obligation of good faith

NRS 116.3102         Powers of unit-owners’ association; limitations.sociation; limitations.

NRS 116.3103         Power of executive board to act on behalf of association; members and officers are fiduciaries; duty of care; application of business-judgment rule and conflict of interest rules; limitations on power.

NRS 116.31031   Power of executive board to impose fines and other sanctions for violations of governing documents; limitations; procedural requirements; continuing violations; collection of past due fines; statement of balance owed.

NRS 116.3106         Bylaws.

      1.  The bylaws of the association must:

      (d) Specify the powers the executive board or the officers of the association may delegate to other persons or to a community manager;

NRS 116.3106(1)(d)

NRS 116.31065          Rules

NRS 116.3108         Meetings of units’ owners of association; opening and counting of ballots for election of members of executive board required; frequency of meetings; calling special meetings; requirements concerning notice and agendas; requirements concerning minutes of meetings; right of units’ owners to make audio recordings of meetings.

NRS 116.31083       Meetings of executive board; frequency of meetings; notice of meetings; periodic review of certain financial and legal matters at meetings; requirements concerning minutes of meetings; right of units’ owners to make audio recordings of certain meetings.

NRS 116.31084       Voting by member of executive board; disclosures; abstention from voting on certain matters.

NRS 116.31085       Right of units’ owners to speak at certain meetings; limitations on right; limitations on power of executive board to meet in executive session; procedure governing hearings on alleged violations; requirements concerning minutes of certain meetings.

NRS 116.31087       Right of units’ owners to have certain complaints placed on agenda of meeting of executive board.

Sun City Anthem Governing Documents

SCA third amended & restated CC&Rs 2008

SCA Third Amended and Restated Bylaws, 2008

Sun City Anthem CC&Rs 7.4 Compliance & Enforcement

Sun City Anthem bylaws 3.15 Open HOA Board meetings

Sun City Anthem bylaws 3.15A Executive session HOA Board meeting

Sun City Anthem bylaws 3.17        Powers of the HOA Board

Sun City Anthem bylaws 3.18. Duties of the HOA Board

Sun City Anthem bylaws 3.20. Management; Defines what HOA Board duties SHALL not be delegated

 Sun City Anthem bylaws 3.25. Board standards. Directors are fiduciaries

Sun City Anthem bylaws 3.21 (f)(v) Delinquency reports must be published quarterly

Sun City Anthem bylaws 3.21      Accounts and reports: delinquency report

(v) a delinquency report listing all Owners who are delinquent in paying any assessments at the time of the report and describing the status of any action to collect such assessments which remain delinquent ( any assessment or installment thereof shall be considered to be delinquent on the 15th day following the due date unless otherwise specified by Board resolution).

SCa bylaws 3.21 (f)(v)

Sun City Anthem bylaws 3.26. Enforcement procedures

Request for Judicial Notice: Laws and Regulations Exhibit 1 2013 Nevada HOA Lien & Foreclosure Laws

2013 HOA Lien and Foreclosure Statutes

Link to combined PDF of NRS 116.3116-NRS 116.31168 (2013)

Universal Citation: NV Rev Stat § 116.3116 (2013) NRS 116.3116 Liens against units for assessments.

Universal Citation: NV Rev Stat § 116.31162 (2013) NRS 116.31162 – Foreclosure of liens: Mailing of notice of delinquent assessment; recording of notice of default and election to sell; period during which unit s owner may pay lien to avoid foreclosure; limitations on type of lien that may be foreclosed.

Universal Citation: NV Rev Stat § 116.31163 (2013) NRS 116.31163 Foreclosure of liens: Mailing of notice of default and election to sell to certain interested persons.

Universal Citation: NV Rev Stat § 116.311635 (2013) NRS 116.311635 Foreclosure of liens: Providing notice of time and place of sale; service of notice of sale; contents of notice of sale; proof of service.

Universal Citation: NV Rev Stat § 116.31164 (2013) NRS 116.31164  Foreclosure of liens: Procedure for conducting sale; purchase of unit by association; execution and delivery of deed; use of proceeds of sale.

Universal Citation: NV Rev Stat § 116.31166 (2013) NRS 116.31166 Foreclosure of liens: Effect of recitals in deed; purchaser not responsible for proper application of purchase money; title vested in purchaser without equity or right of redemption.

Universal Citation: NV Rev Stat § 116.31168 (2013) NRS 116.31168 Foreclosure of liens: Requests by interested persons for notice of default and election to sell; right of association to waive default and withdraw notice or proceeding to foreclose.

NRS 116.31164(3) mandates ministerial duties after the sale including distribution of the proceeds