Nevada Governor Signs Internet Advertising, Owner Privacy Bill

2011-06-20

Issue Brief

Nevada SB 200 passed both houses of the Nevada Legislature on June 6, after emerging from a Senate-Assembly Conference Committee that reinstated provisions permitting internet advertising of timeshare foreclosure sales. Governor Sandoval signed it into law on June 17.

Impact

Sen. Michael Schneider (D-Las Vegas) introduced SB 200 and followed it through its somewhat bumpy ride in the Legislature, due to opposition from the Nevada Press Association.  Provisions protecting the privacy of timeshare owners lists remained intact throughout.  The internet advertising section was proposed to reduce the cost of timeshare foreclosures. 

Position/Call to Action

ARDA and ARDA-ROC representatives testified in favor of SB 200 in both the Senate and Assembly, spending time explaining the benefits of internet publication of timeshare foreclosure sales, when owners--or prospective buyers--may be located anywhere in the U.S. or the world. Publication in local newspapers only (where a short-form publication is still required by the bill) was both expensive and not readily accessible for owners and potential buyers.  In addition to ARDA-ROC and ARDA, the Nevada Real Estate Division also supported the bill, particularly the owner list privacy provisions as timeshare owners have recently complained of being targeted by fraudulent marketers, who could easily obtain lists of owners under current law.  The final version of SB 200 as enacted may be found here.  Signed by the Governor on June 17, it will take effect on October 1, 2011. Due to the bill's rapid movement on the Legislature's last day, several unrelated amendments were attached.
 

Issue Updates

In a related bill, AB 246, ARDA-ROC added an amendment to harmonize provisions in NRS Chapter 116 (common interest owner associations) with the timeshare owner privacy sections of SB 200.  Timeshare owners, whose association is also governed by a master association subject to NRS 116, could have been negatively affected without the conforming change.  Stand-alone timeshare associations are governed by NRS Chapter 119A (the timeshare act).  AB 246 will take effect on July 1, 2011.