Senate Bill No. 192–Senator Rawson

February 15, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning common-interest communities. (BDR 10-70)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to common-interest communities; enacting various provisions governing certain rights of an association with respect to certain property; making various other changes concerning common-interest communities; and providing other matters properly relating thereto.

Whereas, Planned communities are a dominant method of residential

development in the State of Nevada; and

Whereas, Planned communities are developed for the purposes of

preserving neighborhood continuity and creating desirable places to reside;

and

Whereas, Planned communities are governed by specific rules and

regulations and by unit-owners’ associations; and

Whereas, A unit-owners’ association is the form of self-government

closest to the people; and

Whereas, All forms of government should follow the basic principles

of democracy found in the United States Constitution and the Nevada

Constitution; and

Whereas, Some unit-owners’ associations in this state have a history of

abuse of power; and

Whereas, Unit-owners’ associations have power over one of the most

important aspects of a person’s life, his residence; and

Whereas, Homeowners invest financially and emotionally in their

homes; and

Whereas, Homeowners have the right to reside in a community

without fear of illegal, unfair, unnecessary, unduly burdensome or costly

interference with their property rights; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

2-1 Section 1. Chapter 116 of NRS is hereby amended by adding thereto a

2-2 new section to read as follows:

2-3 1. An association of a planned community may not restrict, prohibit

2-4 or otherwise impede the lawful residential use of any property that is

2-5 within or encompassed by the boundaries of the planned community and

2-6 that is not designated as part of the planned community.

2-7 2. Except as otherwise provided in this subsection, an association

2-8 may not restrict the access of a person to any of his property. An

2-9 association may restrict access to and from a unit within a planned

2-10 community if the right to restrict such access was included in the

2-11 declaration or in a separate recorded instrument at the time that the

2-12 owner of the unit acquired title to the unit. The provisions of this

2-13 subsection do not prohibit an association from charging the owner of the

2-14 property a reasonable and nondiscriminatory fee to operate or maintain

2-15 a gate or other similar device designed to control access to the planned

2-16 community that would otherwise impede ingress or egress to the property.

2-17 3. An association may not expand, construct or situate a building or

2-18 structure that is not part of any plat or plan of the planned community if

2-19 the expansion, construction or situation of the building or structure was

2-20 not previously disclosed to the units’ owners of the planned community

2-21 unless the association obtains the written consent of a majority of the

2-22 units’ owners and residents of the planned community who own property

2-23 or reside within 500 feet of the proposed location of the building or

2-24 structure.

2-25 4. The provisions of this section do not abrogate any easement,

2-26 restrictive covenant, decision of a court, agreement of a party or any

2-27 contract, governing document or declaration of covenants, conditions

2-28 and restrictions, or any other decision, rule or regulation that a local

2-29 governing body or other entity that makes decisions concerning land use

2-30 or planning is authorized to make or enact that exists before October 1,

2-31 1999, including, without limitation, a zoning ordinance, permit or

2-32 approval process or any other requirement of a local government or

2-33 other entity that makes decisions concerning land use or planning.

2-34 Sec. 2. NRS 116.11038 is hereby amended to read as follows:

2-35 116.11038 "Residential use" means use as a dwelling or for personal,

2-36 family or household purposes by ordinary customers, whether rented to

2-37 particular persons or not. Such uses include marina boat slips, piers, stable

2-38 or agricultural stalls or pens, campground spaces or plots, parking spaces or

3-1 garage spaces, storage spaces or lockers and garden plots for individual

3-2 use, but do not include spaces or units primarily used to derive commercial

3-3 income from, or provide service to, the public.

3-4 Sec. 3. NRS 116.2116 is hereby amended to read as follows:

3-5 116.2116 1. Subject to the provisions of the declaration, a declarant

3-6 has an easement through the common elements as may be reasonably

3-7 necessary to discharge the declarant’s obligations or exercise special

3-8 declarant’s rights, whether arising under this chapter or reserved in the

3-9 declaration.

3-10 2. In a planned community, subject to the provisions of paragraph (f)

3-11 of subsection 1 of NRS 116.3102 and NRS 116.3112, the units’ owners

3-12 have an easement:

3-13 (a) In the common elements for purposes of access to their units; and

3-14 (b) To use the common elements and all real estate that must become

3-15 common elements (paragraph (f) of subsection 1 of NRS 116.2105) for all

3-16 other purposes.

3-17 3. Unless the terms of an easement in favor of an association

3-18 prohibit a residential use of a servient estate, if the owner of the servient

3-19 estate has obtained all necessary approvals required by law or any

3-20 covenant, condition or restriction on the property, the owner may use

3-21 such property in any manner authorized by law without obtaining any

3-22 additional approval from the association. Nothing in this subsection

3-23 authorizes an owner of a servient estate to impede the lawful and

3-24 contractual use of the easement.

3-25 4. The provisions of subsection 3 do not abrogate any easement,

3-26 restrictive covenant, decision of a court, agreement of a party or any

3-27 contract, governing document or declaration of covenants, conditions

3-28 and restrictions, or any other decision, rule or regulation that a local

3-29 governing body or other entity that makes decisions concerning land use

3-30 or planning is authorized to make or enact that exists before October 1,

3-31 1999, including, without limitation, a zoning ordinance, permit or

3-32 approval process or any other requirement of a local government or

3-33 other entity that makes decisions concerning land use or planning.

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