Adam Pond

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The Nevada Supreme Court interpreted the breadth of NRS 38.310 and its applicability to complaints requiring “the interpretation, application or enforcement of any covenants, conditions or restrictions [CC&Rs] applicable to residential property or any bylaws, rules or regulations adopted by an association.” The Court considered their decision in Hamm v. Arrowcreek Homeowners’ Association and determined that in order to activate the pretrial mediation requirement of NRS 38.310 a complaint must unambiguously require a magistrate to interpret, apply, or enforce the CC&Rs meaning when resolving the merits of the case. While embracing Hamm, the Court simultaneously overturned their past holding in McKnight Family, LLP v. Adept Management Services, Inc., which expanded the influence and usage of NRS 38.310 while it was in effect.