A.B. 129 - *AB129* ASSEMBLY BILL NO. 129–ASSEMBLYMEMBER DICKMAN PREFILED JANUARY 28, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing bidding procedures for a homeowners’ association. (BDR 10-818) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to common-interest communities; revising provisions relating to the solicitation of bids for a homeowners’ association project; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires a homeowners’ association to solicit, whenever 1 reasonably possible, at least three bids if the association project is expected to cost: 2 (1) in a common-interest community that consists of less than 1,000 units, 3 percent 3 or more of the annual budget of the association; or (2) in a common-interest 4 community that consists of 1,000 or more units, 1 percent or more of the annual 5 budget of the association. (NRS 116.31086) This bill requires an association to 6 similarly solicit bids, unless any undue delay in the commencement of the 7 association project could exacerbate property damage or pose a risk of injury. This 8 bill also requires an association to award the contract for an association project to 9 the lowest responsive bidder. 10 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 116.31086 is hereby amended to read as 1 follows: 2 116.31086 1. [If an association solicits bids for an association 3 project: 4 (a) The] Except as provided in subsection 2, an association 5 [must, whenever reasonably possible,] shall solicit at least three bids 6 if [the] an association project is expected to cost: 7 – 2 – - *AB129* [(1)] (a) In a common-interest community that consists of 1 less than 1,000 units, 3 percent or more of the annual budget of the 2 association; or 3 [(2)] (b) In a common-interest community that consists of 4 1,000 or more units, 1 percent or more of the annual budget of the 5 association . [; and 6 (b)] 2. An association is not required to solicit bids for an 7 association project described in subsection 1 if any undue delay in 8 the commencement of the association project could exacerbate 9 property damage or pose a risk of injury. 10 3. The bids must be opened and read aloud during a meeting of 11 the executive board. 12 [2.] 4. An association shall award the contract for an 13 association project to the lowest responsive bidder. 14 5. As used in this section, “association project” includes, 15 without limitation, a project that involves the maintenance, repair, 16 replacement or restoration of any part of the common elements or 17 which involves the provision of professional services to the 18 association, including, without limitation, accounting, engineering 19 and legal services. 20 H