Nevada § 116.2107 - Allocation of allocated interests

§ 116.2107. Allocation of allocated interests

1. The declaration must allocate to each unit: (a) In a condominium, a fraction or percentage of undivided interests in the common

elements and in the common expenses of the association, and a portion of the votes

in the association; (b) In a cooperative, a proportionate ownership in the association, a fraction or

percentage of the common expenses of the association and a portion of the votes in

the association; and (c) In a planned community, a fraction or percentage of the common expenses of the

association and a portion of the votes in the association. 2. The declaration must state the formulas used to establish allocations of interests. Those allocations may not discriminate in favor of units owned by the declarant

or an affiliate of the declarant. 3. If units may be added to or withdrawn from the common-interest community, the declaration

must state the formulas to be used to reallocate the allocated interests among all

units included in the common-interest community after the addition or withdrawal. 4. The declaration may provide: (a) That different allocations of votes are made to the units on particular matters

specified in the declaration; (b) For cumulative voting only for the purpose of electing members of the executive

board; and (c) For class voting on specified issues affecting the class if necessary to protect

valid interests of the class. Except as otherwise provided in NRS 116.31032 , a declarant may not utilize cumulative or class voting for the purpose of evading

any limitation imposed on declarants by this chapter nor may units constitute a class

because they are owned by a declarant. 5. Except for minor variations because of rounding, the sum of the liabilities for

common expenses and, in a condominium, the sum of the undivided interests in the common

elements allocated at any time to all the units must each equal one if stated as a

fraction or 100 percent if stated as a percentage. In the event of discrepancy between an allocated interest and the result derived

from application of the pertinent formula, the allocated interest prevails. 6. In a condominium, the common elements are not subject to partition, and any purported

conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer

of an undivided interest in the common elements made without the unit to which that

interest is allocated is void. 7. In a cooperative, any purported conveyance, encumbrance, judicial sale or other

voluntary or involuntary transfer of an ownership interest in the association made

without the possessory interest in the unit to which that interest is related is void.