The CIC is trying to charge you what seems high for the certificate of resale package?[See 1 below]
Here is what you tell them….a CIC can only charge $160 for a re-sale package.[See 2 below] If they try to include anything in the packet other than the six items listed below, such as the clubhouse schedule, tell them they cannot automatically include unnecessary items, to take out the unnecessary items and that your client is only paying the $160.
The certificate must have:
1.) The CC&Rs & Bylaws.[See 3 below]
5.) A statement of any transfer fees, transaction fees or any other fees associated with the resale of a unit; [See 7 below] and
6.) A statement describing all current and expected fees or charges for each unit.[See 8 below]
Please see my other blogs on CIC:
Nevada Condominium Hotel Disclosure
CIC Unpaid Delinquent Dues And How They Affect REO Listings
Changes to the Nevada CIC Resale Package
Non-Receipt of the Resale Package
Rental Restrictions within an Association
Nevada CIC Charges for Resale Packages
[1] NRS 116.4109 Resales of units.
[2] NAC 116.465 …”an association may not charge more than $160 for preparing the certificate furnished pursuant to NRS 116.4109.”
[3] Described as, “a copy of the declaration, other than any plats, the bylaws, the rules or regulations of the association and the information statement required by NRS 116.41095,” per NRS 116.4109 (a).
[4] Described as “a statement setting forth the amount of the monthly assessment for common expenses and any unpaid assessment of any kind currently due from the selling unit’s owner,” per NRS 116.4109 (b).
[5] Described as, “a copy of the current operating budget of the association and current year-to-date financial statement for the association, which must include a summary of the reserves of the association required by NRS 116.31152 and which must include, without limitation, a summary of the information described in paragraphs (a) to (e), inclusive, of subsection 3 of NRS 116.31152,” per NRS 116.4109 (c).
[6] Described as, “a statement of any unsatisfied judgments or pending legal actions against the association and the status of any pending legal actions relating to the common-interest community of which the unit’s owner has actual knowledge,” per NRS 116.4109 (d).
[7] Described as, “A statement of any transfer fees, transaction fees or any other fees associated with the resale of a unit,” per NRS 116.4109 (e).
[8] Described as, “In addition to any other document, a statement describing all current and expected fees or charges for each unit, including, without limitation, association fees, fines, assessments, late charges or penalties, interest rates on delinquent assessments, additional costs for collecting past due fines and charges for opening or closing any file for each unit,” per NRS 116.4109 (f).
May 26, 2010 at 9:08 am
Darren – does this include docs we get from Condocerts.com and Getdocsnow.com. My buyer just paid 203.00 for cic package. And then they charge more for ‘demand document’. Thanks.
May 26, 2010 at 11:00 am
That is correct. The CIC must provide these documents to homeowners, and the homeowner to a potential purchaser. The CIC may contract out these services, but the law is clear how much can be charged. A CIC cannot charge more due to the middle man. Provide the statute to the provider of the documents. Inform that you will be paying $160 or will consider filing a complaint at the NRED.
May 28, 2010 at 1:15 pm
[[Described as, “A statement of any transfer fees, transaction fees or any other fees associated with the resale of a unit,” per NRS 116.4109 (e).]]
Doesn’t this describe the Escrow Demand, which is normally another bill or two?
June 4, 2010 at 12:19 pm
Yes, these are valid fees also, but they are different than the Package. The Package is $160. These fees may or may not be charged to a Buyer. It would be negotiated between the Seller/Buyer. These fees are not to be included in the CIC package request, other than their ‘listing of amount’ i.e. the “a statement” language, when the CIC gets these monies is at a later date and who pays is determied by the RPA.
June 11, 2010 at 5:35 am
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June 3, 2011 at 11:26 am
Hi, I am a buyers agent, my client is purchasing a short sale. The listing agent will not get the resale pkg.or have his client get it. Where do I stand? I heard of an NRS 116 provision where I can get the buyers to waive this in order to keep myself out of trouble by not complying with the law. Help please.
June 7, 2011 at 10:34 am
It is actually not “waivable” by the Buyer. The Seller is commanded to provide it. However, the NRS statute has a defect, as it says, once you close, (without the CIC package) the Buyer has NO RIGHTS to any claim based on what is found in the package. My suggestion is you demand it from the Seller, in writing. A simple note. Then if they do not provide, have your buyer declare that they understand a.) they are supposed to get it b.) they can buy it themselves if they choose c.) that if they close without it, they have no rights to argue against the Seller as to what is described within the CIC package…otherwise Buyer always has the right to cancel the escrow.
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July 9, 2018 at 9:50 am
Hi everyone, i was interested in getting the Minutes as part of my Resale Package however, i was told they are not usually included. Is this true for NV and if it is, an i still have the right to ask for it before i purchase the house i am interested in?