NRS 116-31035 Equal Space Provision

Somersett United
Somersett United

Much has been said in previous posts and comments regarding the provision of “Equal Space” for opposing viewpoints on ballot initiatives. For reader information, the Nevada Statue NRS 116.31035 addressing such is quoted below.

NRS116.31035  Publications containing mention of candidate or ballot question: Requirements; limitations.

  1.   If an official publication contains any mention of a candidate or ballot question, the official publication must, upon request and under the same terms and conditions, provide equal space to all candidates or to a representative of an organization which supports the passage or defeat of the ballot question.
  2.   If an official publication contains the views or opinions of the association, the executive board, a community manager or an officer, employee or agent of an association concerning an issue of official interest, the official publication must, upon request and under the same terms and conditions, provide equal space to opposing views and opinions of a unit’s owner of the common-interest community.

It is imperative that unit owners are aware of the rights granted to them under this provision.  In past ballot mailings, the Somersett Board of Directors (BOD) has made their opinions and recommendations known without the benefit of opposing viewpoints to assist voters in their decision making process.  However, be advised that it is not a requirement for the BOD to request or otherwise solicit alternate viewpoints.  This is the responsibility of unit owners or organizations representing them.

Based on issues associated with the CC&R Ballot mailings, the BOD is now acutely aware of the rights granted to unit owners or their representatives under NRS 116.30135 and is adopting as process to handle future requests for “equal space”.  What is important here is that any opposing views or opinions be disseminated at the same time as the ballot initiatives, so as to provide the voter the opportunity to consider all sides before submitting their ballot.

 As most know, a Country Club Purchase Agreement will soon be disseminated for owner approval.  Therefore, those who may wish to submit opposing views or opinions, should keep on top of the on-going process to insure that such views or opinions are included within the initial ballot mailings. Hopefully, as they have previously stated, the BOD will make copies of the finalized agreement available for viewing prior to any ballot mailings.

The “Letter of Intent” containing details of the proposed Country Club Purchase Agreement  has been published previously on this website and may be revisited by clicking on the following link:

Letter of Intent

2 thoughts on “NRS 116-31035 Equal Space Provision

  1. Somersett United; You are doing a wonderful job keeping SOA homeowners informed. However, this issue regarding the NRS statute requirement of NRS 116.31035 was clearly violated by the SOA Board. It was even violated after they were put on Notice back on Jan 24, 2014 in writing by Mr. James Haar who formally requested to be allowed to present opposing viewpoints to SOA Homeowners, yet after being so informed, the SOA Board proceeded to conduct another balloting in clear violation of the law. This should be sufficient grounds to invalidate the entire Election and balloting process conducted by the Board regarding amending the CC&Rs. The Board should not be allowed to be €œlet off the Hook€ on these violations. This matter is far too serious with far reaching financial implications to allow this.

    Somersett United should pursue all legal remedies with the Nevada A.G. and Nevada Dept. of Real Estate, Ombudsman by filing a formal complaint regarding this illegal balloting process.

    John Kerwin

    Somersett Homeowner

  2. Thank you Somersett United. Please do what you can to make sure that the Somersett Board presents the opportunity for equal space to all owners BEFORE they send anything out.

    Perhaps owners who already know they would like to have their opposing view or opinion included in/with the board mail-out on the proposed Country Club Purchase Agreement ought to let their desire to do so be made known by sending an email to the Board c/o Community Manager Lauren Stemmler at

    Also, perhaps if a member of Somersett United would file a formal complaint with the Board right now, the current CC&R voting mess can be stopped until the process is set up correctly.

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