CLICK HERE!

CLICK HERE !

then..........

6. {If any common expense is caused by the misconduct of any

unit's owner, the} The association may assess {that} a common

expense exclusively against {his or her} a unit OWNED BY THE

CLAIMANT OR THE RESPONDENT Hif the common

expense isfor the legal fees and costs incurred by an association

to defend a proceeding initiated by a claim which was:

(a) Filed with the Division by the unit's owner pursuant to

NRS 38.320 or 116.760; and

(b) Found by the Commission or a hearing panel to have been

filed in violation of subsection 9 ofNRS 38.320 or subsection 9 or

10 ofNRS 116. 760f.j, OR

(C) SUBSTANTIATED BY THE DIVISION OR BY THE

COMMISSION.

the sanctions set forth in subsection 9 NRS 116.760 against the

CLAIMANT OR RESPONDENT who filed the

claim OR DEFENSE OF THE CLAIM;

(b) Issue an order directing the [person} CLAIMANT OR

RESPONDENT who filed the claim OR DEFENSE OF THE CLAIM

(c) Issue an order directing the [person} CLAIMANT OR

RESPONDENT who filed the a claim OR DEFENSE OF THE

CLAIM to pay the reasonable costs and attorney's fees incurred by

the {respondent} OPPOSING PARTY IN THE CLAIM as a result of

the filing of the claim; or

(d) Take any combination of the actions set forth in paragraphs (a),

(b) and (c).

10. If a [person} CLAIMANT OR RESPONDENT files afrivolous

claim OR FRIVOLOUS DEFENSE OF A CLAIM with the Division

pursuant to this section or NRS38.320, the Commission or a hearing

panel may:

(a) Issue an order directing the [person} CLAIMANT OR

RESPONDENT who filed the frivolous claim OR THE FRIVOLOUS

DEFENSE OF THE CLAIM to pay the costs incurred by the Division

as a result of that filing, including, without limitation, the costs

AND DEFENSE OF THE CLAIM; or

(b) Issue an order directing the [person} CLAIMANT OR

RESPONDENT who filed the frivolous claim OR THE FRIVOLOUS

DEFENSE OF THE CLAIM to pay the costs and attorney's fees

incurred by the {respondent} OPPOSING PARTY IN THE CLAIM

CLICK HERE!

You will be very pleased to hear that this issue was addressed in the 2009 session. We passed a bill that included additional penalties, (including Category D felony charges against community managers) for anyone who interferes with a board election. This situation is beyond egregious. This is the first time I heard of board members, construction contractors and attorneys coming together to control an election in an effort to further construction defect cases. Hopefully it’s the last.