Please also see my June 10, 2009 Update on CIC Packages.
This is a follow up to my November 9, 2007 Resale Packages for Nevada REO Sales.
How much can a Common Interest Community charge for the resale package described in NRS 116.4109?
An association may not charge more than $160 for preparing the certificate furnished pursuant to NRS 116.4109, and copying costs, not to exceed 25 cents per page, to cover the cost of copying the other documents required within the certificate. There can be an additional charge not to exceed $125 if a unit’s owner requests that the certificate be furnished sooner than 3 business days after the date of the request.
I was informed today of an Association charging more than $160; if this has happened to you inform them of the September 2006 ADOPTED REGULATION OF THE COMMISSION FOR COMMON-INTEREST COMMUNITIES LCB File No. R205-05
Nevada Residential Real Property Law 
January 30, 2009 at 2:00 pm
I closed a deal for a property at 7921 Flat Creek LV,NV.
Iron Mountain Ranch HOA charged $160+0.25/page for a total of $192.50.
Was this legit?
January 30, 2009 at 2:02 pm
Try this on:
I asked one property management company late last year why my client was being charged $165 for a resale package when NAC 116.465 limits the charge to $160. After lots of hesitations and background consultation I was told that “NAC 116.465 only applied to the HOA and they were the property managers”!!!!!
Obviously, we didn’t put a transaction at risk over $5, but I wonder how often other property managers think they can put charges (sometimes a lot) on top of the $160 and get away with it.
January 31, 2009 at 12:42 pm
There are 2 HOAs for my client’s REO purchase. The management co. is charging $205 for the documents, $15 for printed copy, $10 for me to pick them up at managements office! That is a total of $240 for each HOA = $460 total to my buyer! Then there will be huge “transfer” fees for each also. It’s outrageous, what can we do? Where’s the ombudsman in all of this?
January 31, 2009 at 2:05 pm
Are they allowed to charge extra for printed packages?
February 2, 2009 at 10:08 am
Darren, I have had 2 ROE sales in the last month and Excellence charged my clients $195 through http://www.getdocsnow.com. These transactions have already closed, what can we do now?
February 2, 2009 at 12:41 pm
As to any monies greater than the $160, I would ask the CIC Manager or Management Company to place in writing why they are charging more. As to those that passed, share this information with the client and I suggest the client write a letter asking an explanation (or email). Whether the statute only applies to the CIC and not management companies is rather a weak argument as the CIC directs the homeowner to the Management company, but it has not yet been ruled upon.
February 2, 2009 at 1:46 pm
Where exactly does it say $160?
“Sec. 12. 1. Except as otherwise provided in subsection 2, an association may not charge more than $160 for preparing the certificate furnished pursuant to NRS 116.4109.”
Found in the “ADOPTED REGULATION OF THE COMMISSION FOR COMMON-INTEREST COMMUNITIES LCB File No. R205-05Effective September 18, 2006”
February 2, 2009 at 5:15 pm
“I was just told that this adoption of the regulation was never signed off by the Governor – therefore not law.” Caryn Grady
Licensed Assistant to Mason B. Harvey, CHTD.
Prudential Americana Group, REALTORS
ANSWER:
Regulations, also known as codes, are not signed by the Governor, only statutes are. Statutes and Codes together make the trye complete law, but in hierarchy statutes trump codes. Codes and the instruction from the Legislature to the agencies to pass codes, allows the legislature to get finer, more detailed instruction to the public on certain topics. The Nevada Administrative Code Code or NAC as it is called is an extension of the statutes and assists in literally administering laws. The statute, NRS 116.4109(3)(b) Resales of Units, gave the Commission the power to, “adopt regulations establishing the maximum amount of the fee that an association may charge for preparing the certificate.” They did so in September 2006.
——————————————————————————–
From: Mason Harvey [mailto:mbhoffice@earthlink.net]
Sent: Monday, February 02, 2009 3:48 PM
To: Darren Welsh
Subject: HOA Resale package
February 18, 2009 at 10:00 am
Copying costs? YES. The association may charge, “the unit’s owner a reasonable fee, not to exceed 25 cents per page, to cover the cost of copying the other documents furnished pursuant to subsection 3.” So, lets assume the “other documents” mean all of the certificate, yes it can be charged. Which is quite a lot if you think about it, CCRs can be 100 pages, that’s 25 dollars more.
February 18, 2009 at 3:53 pm
I contacted Excellence on bahalf of my buyer and informed them they were only supposed to charge $160.00. After a few emails and some back and forth, they have aggreed to refund my client the $35.00 for the amount over teh $160.00
February 18, 2009 at 3:53 pm
I contacted Excellence on behalf of my buyer and informed them they were only supposed to charge $160.00. After a few emails and some back and forth, they have agreed to refund my client the $35.00 for the amount over the $160.00
June 11, 2009 at 5:04 am
[…] is a follow up to Nevada CIC Charges for Resale Packages from January 30, 2009 which was a follow up to the REO and Resale packages from November 9, […]
September 22, 2009 at 12:30 pm
My client lives in Mountain’s Edge. His HOA “full” package on GetDocsNow.com is charging $160 plus $93.75 (375 pages @.25) totaling $253.75. It lists all the documents, but states in small print to the side that this package does not include a HOA certificate/questionnaire. Isn’t that what the $160 is for? Do you have any insight to this?
April 5, 2010 at 9:38 pm
[…] TGIF Legal Tip: Nevada CIC Charges for Resale Packages « Nevada … […]
May 21, 2010 at 7:42 am
[…] Nevada CIC Charges for Resale Packages […]
June 11, 2010 at 5:36 am
[…] Nevada CIC Charges for Resale Packages […]
December 18, 2012 at 3:32 pm
[…] Nevada CIC Charges for Resale Packages […]
July 14, 2014 at 10:36 am
[…] Nevada CIC Charges for Resale Packages – January 30, 2009 […]
November 20, 2014 at 12:43 pm
Does anyone know about the revised bill for sb280 stating HOA’s can only charge 20.00 for an electronic copy of a resale package?
November 20, 2014 at 4:44 pm
SB 280 added modified language NRS 116-4109 see below.
We read the $20 to be limitation on only some of the documents that may be required and thus would be in addition to the normal $160. This merely capped fees that were being added for electronic downloading. Previously an agent could be charged $100 or $150 extra for electronically formatted documents.
..see section (4)(c) below….
4. If the association furnishes the documents and certificate pursuant to subsection 3:
(a) The unit’s owner or his or her authorized agent shall include the documents and certificate in the resale package provided to the purchaser, and neither the unit’s owner nor his or her authorized agent is liable to the purchaser for any erroneous information provided by the association and included in the documents and certificate.
(b) The association may charge the unit’s owner a reasonable fee to cover the cost of preparing the certificate furnished pursuant to subsection 3. Such a fee must be based on the actual cost the association incurs to fulfill the requirements of this section in preparing the certificate. The Commission shall adopt regulations establishing the maximum amount of the fee that an association may charge for preparing the certificate.
” (c) The other documents furnished pursuant to subsection 3 must be provided in electronic format to the unit’s owner. The association may charge the unit’s owner a fee, not to exceed $20, to provide such documents in electronic format. If the association is unable to provide such documents in electronic format, the association may charge the unit’s owner a reasonable fee, not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter, to cover the cost of copying.”
But you need to read it in connection with
4109(3). Within 10 days after receipt of a written request by a unit’s owner or his or her authorized agent, the association shall furnish all of the following to the unit’s owner or his or her authorized agent for inclusion in the resale package:
(a) Copies of the documents required pursuant to paragraphs (a) and (c) of subsection 1; and
(b) A certificate containing the information necessary to enable the unit’s owner to comply with paragraphs (b), (d), (e) and (f) of subsection 1.