Nevada § 116.31185 - Prohibition against certain personnel soliciting or accepting compensation, gratuity or remuneration under certain circumstances

§ 116.31185. Prohibition against certain personnel soliciting or accepting compensation, gratuity or remuneration under certain circumstances

1. Except as otherwise provided in subsection 2, a member of an executive board, an

officer of an association or a community manager shall not solicit or accept any form

of compensation, gratuity or other remuneration that: (a) Would improperly influence or would appear to a reasonable person to improperly

influence the decisions made by those persons; or (b) Would result or would appear to a reasonable person to result in a conflict of

interest for those persons. 2. Notwithstanding the provisions of subsection 1, a member of an executive board,

an officer of an association, a community manager or any person working for a community

manager shall not accept, directly or indirectly, any gifts, incentives, gratuities,

rewards or other items of value from: (a) An attorney, law firm or vendor, or any person working directly or indirectly

for the attorney, law firm or vendor, which total more than the amount established

by the Commission by regulation, not to exceed $100 per year per such attorney, law

firm or vendor; or (b) A declarant, an affiliate of a declarant or any person responsible for the construction

of the applicable community or association which total more than the amount established

by the Commission by regulation, not to exceed $100 per year per such declarant, affiliate

or person. 3. An attorney, law firm or vendor, or any person working directly or indirectly for

the attorney, law firm or vendor, shall not provide, directly or indirectly, any gifts,

incentives, gratuities, rewards or other items of value to a member of the executive

board, an officer of the association, the community manager or any person working

for the community manager which total more than the amount established by the Commission

by regulation, not to exceed $100 per year per such member, officer, community manager

or person. 4. A declarant, an affiliate of a declarant or any person responsible for the construction

of a community or association, shall not provide, directly or indirectly, any gifts,

incentives, gratuities, rewards or other items of value to a member of the executive

board, an officer of the association, the community manager or any person working

for the community manager which total more than the amount established by the Commission

by regulation, not to exceed $100 per year per such member, officer, community manager

or person. 5. In addition to the limitations set forth in subsection 1, a community manager shall

not solicit or accept any form of compensation, fee or other remuneration that is

based, in whole or in part, on: (a) The number or amount of fines imposed against or collected from units' owners

or tenants or guests of units' owners pursuant to NRS 116.31031 for violations of the governing documents of the association; or (b) Any percentage or proportion of those fines. 6. The provisions of this section do not prohibit a community manager from being paid

compensation, a fee or other remuneration under the terms of a contract between the

community manager and an association if: (a) The scope of the respective rights, duties and obligations of the parties under

the contract comply with the standards of practice for community managers set forth

as NRS 116A.630 and 116A.640 and any additional standards of practice adopted by the Commission by regulation

pursuant to NRS 116A.400 ; (b) The compensation, fee or other remuneration is being paid to the community manager

for providing management of the common-interest community; and (c) The compensation, fee or other remuneration is not structured in a way that would

violate the provisions of subsection 1 or 5.