Nevada § 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

§ 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

1. Except as otherwise provided in this section, a unit's owner may attend any meeting

of the units' owners or of the executive board and speak at any such meeting. The executive board may establish reasonable limitations on the time a unit's owner

may speak at such a meeting. 2. An executive board may not meet in executive session to open or consider bids for

an association project as defined in NRS 116.31086 , or to enter into, renew, modify, terminate or take any other action regarding a

contract. 3. An executive board may meet in executive session only to: (a) Consult with the attorney for the association if the contents of the discussion

would otherwise be governed by the privilege set forth in NRS 49.035 to 49.115 , inclusive. (b) Discuss the character, alleged misconduct, professional competence, or physical

or mental health of a community manager or an employee of the association. (c) Except as otherwise provided in subsection 4, discuss a violation of the governing

documents, including, without limitation, the failure to pay an assessment. (d) Discuss the alleged failure of a unit's owner to adhere to a schedule required

pursuant to NRS 116.310305 if the alleged failure may subject the unit's owner to a construction penalty. 4. An executive board shall meet in executive session to hold a hearing on an alleged

violation of the governing documents unless the person who may be sanctioned for the

alleged violation requests in writing that an open hearing be conducted by the executive

board, in which case the hearing must be held in a meeting of the executive board

pursuant to NRS 116.31083 . The person who may be sanctioned for the alleged violation: (a) Is entitled to attend all portions of the hearing related to the alleged violation,

including, without limitation, the presentation of evidence and the testimony of witnesses; (b) Is entitled to due process, as set forth in the standards adopted by regulation

by the Commission, which must include, without limitation, the right to counsel, the

right to present witnesses and the right to present information relating to any conflict

of interest of any member of the hearing panel; (c) Is not entitled to attend the deliberations of the executive board; and (d) Is entitled to receive written notice of the decision of the executive board regarding

the alleged violation within a reasonable time after the decision is made. The period to cure a violation before it becomes a continuing violation as provided

in subsection 7 of NRS 116.31031 shall be deemed not to commence until the date on which the notice of the decision

of the executive board is provided to the person sanctioned for the violation. 5. The provisions of subsection 4 establish the minimum protections that the executive

board must provide before it may make a decision. The provisions of subsection 4 do not preempt any provisions of the governing documents

that provide greater protections. 6. Except as otherwise provided in this subsection, any matter discussed by the executive

board when it meets in executive session must be generally noted in the minutes of

the meeting of the executive board. If the executive board holds a meeting limited exclusively to an executive session

pursuant to paragraph (c) or (d) of subsection 3, at the next regularly scheduled

meeting of the executive board, the executive board shall acknowledge that the executive

board met in accordance with paragraph (c) or (d) of subsection 3, as applicable,

and include such an acknowledgment in the minutes of the meeting at which the acknowledgment

was made. The executive board shall maintain minutes of any decision made pursuant to subsection

4 concerning an alleged violation. 7. Except as otherwise provided in subsection 4, a unit's owner is not entitled to

attend or speak at a meeting of the executive board held in executive session.