​WHEREAS, the Del Webb at Lake Las Vegas Community Association (the “Association”) is a Nevada nonprofit corporation governed by the laws of the State of Nevada, including Nevada Revised Statutes (“NRS”) Chapter 116, which governs common-interest communities;
WHEREAS, NRS 116.3102(1) (a) provides that an association may “adopt and amend rules and regulations”;
WHEREAS, Article 6, Section 6.3 of the Declaration of Covenants, Conditions, Restrictions and Easements for Del Webb at Lake Las Vegas, a planned community (the “Declaration”) empower the Board, acting on behalf of the Association, to create, modify, amend, repeal, and publish such uniform general Rules and Regulations and penalties for violations thereof, as the Association may deem· reasonable in connection with the use of the Common Elements and any Improvements thereon or therein.
WHEREAS, NRS 116.049(3) defines an association’s governing documents to include its Rules;
WHEREAS, NRS 116.3102(1) (m) provides that an association “may impose reasonable fines for violations of the governing documents” of the Association;
WHEREAS, NRS 116.31031(1) provides that the Board may impose fines and sanctions against a “unit’s owner or tenant or an invitee of a unit’s owner or tenant” for violations of the Association’s governing documents;
WHEREAS, NRS 116.31184 states the following:
A community manager, an agent or employee of the community manager, a member of the executive board, an officer, employee or agent of an association, a unit’s owner or guest or tenant of a unit’s owner shall not willfully and without legal authority threaten, harass or otherwise engage in an course of conduct against any other person who is the community manager of his or her common-interest community or an agent or employee of that community manager, a member of the executive board of his or her association, an officer, employee or agent of his or her association, another unit’s owner in his or her common-interest community or a guest or tenant of a unit’s owner in his or her common-interest community which:
a) Causes harm or serious emotional distress, or the reasonable apprehension thereof, to that person; or
b) Creates a hostile environment for that person.
WHEREAS, Article 4, Section 4.4 of the Declaration, governs nuisances within Del Webb at Lake Las Vegas and reads, in pertinent part, as follows:
No other nuisance shall be permitted to exist or operate upon any Unit so as to be offensive or detrimental to any other property in the vicinity thereof or to the residents of such property… The Board of Directors, in its sole discretion, shall have the right to determine the existence of any such nuisance…

WHEREAS, the Board desires to adopt a Rule clarifying the Association’s interpretation of Article 4, Sections 4.4 (nuisance) of the Declaration and incorporating within said Rule its definition of the anti-bullying provision set forth in Article 4, Section 4.4 and NRS 116.31184 and also prohibiting defamation, misrepresentation, harassment and/or nuisance of vendors, residents, the Association, the Association’s employees, management, owners, tenants, guests and/or invitees while within Units and/or the Common Elements and the use of email, social media, websites, apps, messaging platforms (“Electronic Communications’) by the Association and Owners and Residents of the Association to prevent the spread of misinformation, nuisance, cyber-bullying and harassment and any infringing use of the Association’s trademark, name, logo, likeness, photographs and video (“Intellectual Property.”)

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby adopts the following Rules:
1. OFFICIAL ASSOCIATION WEBSITES, APPS AND PAGES: Owners, Residents, and/or their respective Families and Guests are prohibited from posting comments on any official and sanctioned website, app, platform, website, or webpage of the Association. Such platforms are for authorized communications only.
a. The Board of Directors, Officers, Committee Members, and/or Management shall only post majority Board approved messages.
b. No defamatory or harassing postings are permitted on any official website, app, platform, website, or webpage which the Association operates or controls.
c. The Board of Directors, Officers, Committee Members, and Management may not knowingly or negligently misrepresent facts in any official website, app, platform, website, or webpage which the Association controls.
d. Any unauthorized posts, comments or other Electronic Communications on official Association Electronic Communications Platforms shall be subject to the Association’s editorial control and discretion and may be subject to removal, deletion with no implied rights of authorship.
2. UNOFFICIAL WEBSITES, APPS AND PAGES & HARASSING USE OF ELECTRONIC CORRESPONDENCE:
a. Any unaffiliated social media pages or platforms which relate or refer to the Association shall prominently display a statement and disclaimer that such postings are not condoned, provided or endorsed by the Del Webb at Lake Las Vegas Community Association.
b. Non-official or unsanctioned websites or webpages, social media platforms including but not limited to Facebook Groups and Pages and other websites or webpages and social media postings shall not use any part of the Association’s name, “Del Webb at Lake Las Vegas” or logo or images and videos depicting the Association or use of the Association’s Intellectual Property.
c. To the extent that an individual believes they have been harmed by any postings from Electronic Communications, such person(s) shall have the right to pursue an individual legal action against all responsible parties at their own expense and the Association shall have no obligation or duty to pursue such claims.
d. Owners, Residents, and/or their respective Families and Guests shall refrain from excessive and harassing use of electronic correspondence or social media or website postings which defame, harass, or may otherwise cause injury or emotional distress.
e. To the extent that any Electronic Communication via excessive and harassing use of electronic correspondence, or an unaffiliated website, social media posting(s) causes harm to the Association and any individuals and directors, officers and agents associated with the Association and/or interfering with its ability to satisfy its duties and violates this Resolution, the Association may:
i. After notice and a hearing, as required by the Association’s governing documents and NRS 116, anyone violating any provisions of this Resolution may be sanctioned as set forth below in this Resolution and Policy and/or;
ii. File a Nevada Real Estate Division ADR claim (if the matter arises from the application, interpretation, or enforcement of the governing documents) and/or an Ombudsman Intervention Affidavit (if the matter arises from an alleged violation of Nevada law) and/or;
iii. Seek monetary damages and/or injunctive relief from a Court of competent jurisdiction and/or;
iv. Any other relief the Board deems appropriate.
3. CONFIDENTIAL INFORMATION:
The Board of Directors, Officers, Committee Members, and Management, are responsible for protecting the confidential information of the Association. As such, they shall not use social media, or other electronic means, to disclose:
a. Private personal information regarding fellow Directors, Officers, or committee members;
b. Private personnel information of the Association’s employees or management or contracted vendors of the Association;
c. Enforcement or disciplinary actions against members of the Association;
d. Assessment collection information against a member of the Association; and
e. Legal disputes in which the Association is or may be involved--Directors and Officers shall not discuss such matters with persons who are not currently seated on the Board without the prior approval of the Board.
4. MISREPRESENTATION:
Owners, Residents, and/or their respective Families and Guests shall not knowingly or negligently misrepresent, mislead, misinform in postings and written statements and representations in their social media postings or any communications publicly posted on Official and Unofficial Websites and pages that are in regard or reference the Association or its Residents, Agents, Vendors or Employees.
5. PROPER DECORUM:
The Board of Directors, Officers, Committee Members, Management, Owners, Residents, and/or their respective Families and Guests are obligated to act with proper decorum and refrain from harassment and offensive activity when communicating electronically. Although they may disagree with the opinions of others, they must act with respect and dignity and not make personal attacks on others.

6. CONDUCT IN COMMUNITY:
There shall be a fundamental overall “good neighbor” policy of courtesy and reasonability underlying and controlling this Resolution and the other Governing Documents and this Community, in which the Owners seek to enjoy a quality lifestyle. Subject to protected Constitutional and First Amendment rights and other applicable law, the following additional “Bullying” regulations are set forth.
a. An officer or director of the Association, Owner, tenant, or guest of an Owner or tenant shall not willfully and without legal authority threaten, harass or otherwise engage in a course of conduct against any other person who is the community manager or an agent or employee of that community manager, an officer, director, employee, vendor or agent of the Association, another Owner, tenant or a guest of an Owner or tenant which: (a) causes harm or serious emotional distress, or the reasonable apprehension thereof, to that person; or (b) creates a hostile environment for that person.
Such conduct shall be deemed to be an offensive or detrimental activity that creates a nuisance, and as such is a violation of Article 4, Section 4.4 of the Declaration.
b. An Owner and/or occupant while within and/or on the Common Elements may not engage in any noxious or offensive activity, or in a course of conduct that in the Board's reasonable determination tends to cause embarrassment, discomfort, annoyance, or nuisance to vendors of the Association or vendors of other residents, the Association’s employees, community manager and/or management’s employees, other Owners, tenants, guests and/or invitees. Each Owner shall be accountable to the Association and other Owners and residents for the conduct and behavior of children and other family members or persons residing in his/her Lot, and shall also be accountable for the conduct of his/her guests or guests of his/her tenant in accordance with NRS 116.31031(2).
After notice and a hearing, as required by the Association’s governing documents and NRS 116, anyone violating the above-referenced Rule may be sanctioned as follows:
(a) imposition of fines, consistent with the Association’s Fine Policy and Procedure;
(b) suspension of voting privileges; and
(c) suspension of the right to use the Association’s Common Elements.