38.350 - Claims relating to residential property within common-interest community

38.350. Claims relating to residential property within common-interest community

1. A person required to submit a civil action to mediation or arbitration pursuant to NRS 38.310 must serve a copy of the written claim and the statement explaining the procedures for mediation and arbitration on the opposing party within 45 days after filing the claim with the real estate division of the department of business and industry.

2. Proof of service of the documents required pursuant to subsection 1 must be filed:

(a) With the division within 10 days after service of the claim and statement; and

(b) On a form provided by the division.

3. A copy of an agreement reached through mediation must be filed with the division within 30 days after the completion of mediation.

4. A copy of an award reached through binding or nonbinding arbitration must be filed with the division within 90 days after the completion of arbitration.

5. If the person upon whom a copy of the written claim was served fails to file a written answer with the division within 30 days after the date of service as required by subsection 4 of NRS 38.320, that person shall be deemed to have waived his right to participate in the selection of a mediator or arbitrator, and the division will appoint an arbitrator from the list maintained by the division.

6. If a claim proceeds to arbitration pursuant to subsection 5, the arbitration is nonbinding.

7. The division will issue a certificate certifying that the claim has been submitted to arbitration or mediation as required by NRS 38.310 within 30 days after receiving a copy of:

(a) The agreement reached through mediation;

(b) The award reached through binding or nonbinding arbitration; or

(c) Written verification from the arbitrator which confirms that the arbitrator served notice of the arbitration hearing on both parties and that the person upon whom a copy of the written claim was previously served failed to appear at the hearing.

Added to NAC by Real Estate Div., eff 5-14-96; A by R095-98, 8-10-98

NRS 38.360

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