NAC116A.325. Management agreement; evidence of insurance.

     1. A management agreement must:

     (a) Be in writing and signed by all parties;

     (b) Be entered into between the client and the community manager or the employer of the community manager if the community manager is acting on behalf of a corporation, partnership, limited partnership, limited-liability company or other entity;

     (c) State the term of the management agreement;

     (d) State the basic consideration for the services to be provided and the payment schedule;

     (e) Include a complete schedule of all fees, costs, expenses and charges to be imposed by the community manager, whether direct or indirect, including, without limitation:

          (1) The costs for any new association or start-up costs;

          (2) The fees for special or nonroutine services such as the mailing of collection letters, the recording of liens and foreclosing of property;

          (3) Reimbursable expenses;

          (4) The fees for the sale or resale of a unit or for setting up the account of a new member; and

          (5) The portion of fees that are to be retained by the client and the portion to be retained by the community manager;

     (f) State the identity and the legal status of the contracting parties;

     (g) State any limitations on the liability of each contracting party, including any provisions for indemnification of the community manager;

     (h) Include a statement of the scope of work of the community manager;

     (i) State the spending limits of the community manager;

     (j) Include provisions relating to the grounds and procedure for termination of the community manager;

     (k) Identify the types and amounts of insurance coverage to be carried by each contracting party, including:

          (1) Whether the community manager will maintain errors and omissions or professional liability insurance;

          (2) Which contracting party will maintain fidelity bond coverage;

          (3) Whether the association will maintain directors and officers liability coverage for the executive board; and

          (4) Whether either contracting party must be named as an additional insured under any required insurance;

     (l) Include provisions for dispute resolution;

     (m) Acknowledge that all records and books of the client are the property of the client, with the exception of any proprietary information and software belonging to the community manager;

     (n) State the physical location, including the street address, of the records of the client, which must be within 60 miles from the physical location of the common-interest community;

     (o) State the frequency and extent of regular inspections of the common-interest community; and

     (p) State the extent, if any, of the authority of the community manager to sign checks on behalf of the client in an operating account.

     2. A management agreement may:

     (a) Provide for mandatory binding arbitration;

     (b) Provide for indemnification of the community manager in accordance with and subject to the appropriate provisions of title 7 of NRS; and

     (c) Allow the provisions of the management agreement to apply month to month following the end of the term of the management agreement but the management agreement may not contain an automatic renewal of the management agreement.

     3. Not later than 10 days after the effective date of a management agreement, the community manager shall provide each member of the executive board evidence of the existence of the required insurance which must include:

     (a) The names and addresses of all insurance companies;

     (b) The total amount of coverage; and

     (c) The amount of any deductible.

     4. After signing a management agreement, the community manager shall provide a copy of the management agreement to each member of the executive board. Within 30 days after an election or appointment of a new member to the executive board, the community manager shall provide the new member with a copy of the management agreement.

     5. Any changes to a management agreement must be initialed by the contracting parties. If there are any changes after the execution of a management agreement, those changes must be in writing and signed by the contracting parties.

     6. Except as otherwise provided in a management agreement, upon the termination or assignment of a management agreement, the community manager shall, within 30 days after such termination or assignment, transfer possession of all books, records and other papers of the client to the succeeding community manager, or to the client if there is no succeeding community manager, regardless of any unpaid fees or charges to the community manager or management company.

     7. Notwithstanding any provision in a management agreement to the contrary, a management agreement may be terminated by the client without penalty upon 30 days’ notice following a violation by the community manager of any provision of this chapter or chapter 116 of NRS.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.305)