NAC116A.345. Prohibited acts.

A community manager shall not:

     1. Except as otherwise required by law or court order, disclose confidential information relating to a client which includes, without limitation, the business affairs and financial records of the client, unless the disclosure is consented to by the client;

     2. Impede or otherwise interfere with an investigation of the Division by:

     (a) Failing to comply with a request by the Division to provide documents;

     (b) Supplying false or misleading information to an investigator, auditor or any other officer or agent of the Division; or

     (c) Concealing any facts or documents relating to the business of a client;

     3. Commingle money or other property of a client with the money or other property of another client, another association, the community manager or the employer of the community manager and shall not use money or other property of a client for his or her own personal use;

     4. Be a signor on a withdrawal from a reserve account of a client;

     5. Except as otherwise permitted by the provisions of the court rules governing the legal profession, establish an attorney-client relationship with an attorney or law firm which represents a client that employs the community manager or with whom the community manager has a management agreement;

     6. Provide or attempt to provide to a client services concerning a type of property or service:

     (a) That is outside his or her field of experience or competence without the assistance of a qualified authority unless the fact of his or her inexperience or incompetence is disclosed fully to the client and is not otherwise prohibited by law; or

     (b) For which he or she is not properly licensed;

     7. Apply a payment of an assessment from a unit’s owner towards any fine, fee or other charge that is due;

     8. Refuse to accept from a unit’s owner payment of any assessment, fine, fee or other charge that is due because of the fact that there is an outstanding payment due; or

     9. Collect any fees or other charges from a client not specified in the management agreement.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.341)