reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.085 - "Respondent" defined.

"Respondent" means a person against whom:
1. An affidavit has been filed pursuant to NRS 116.760.
2. A complaint has been filed pursuant to NRS 116.765.
(Added to NRS by 2003, 2209)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.087 - "Security interest" defined.

"Security interest" means an interest in real estate or personal property, created by contract or conveyance, which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association and any other consensual lien or contract for retention of title intended as security for an obligation.
(Added to NRS by 1991, 538)—(Substituted in revision for NRS 116.110383)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.089 - "Special declarant’s rights" defined.

"Special declarant’s rights" means rights reserved for the benefit of a declarant to:
1. Complete improvements indicated on plats or in the declaration or, in a cooperative, to complete improvements described in the public offering statement pursuant to paragraph (b) of subsection 1 of NRS 116.4103;
2. Exercise any developmental right;
3. Maintain sales offices, management offices, signs advertising the common-interest community and models;
4. Use easements through the common elements for the purpose of making improvements within the common-interest community or within real estate which may be added to the common-interest community;
5. Make the common-interest community subject to a master association;
6. Merge or consolidate a common-interest community with another common-interest community of the same form of ownership; or
7. Appoint or remove any officer of the association or any master association or any member of an executive board during any period of declarant’s control.
(Added to NRS by 1991, 538; A 2009, 1608; 2011, 2416)—(Substituted in revision for NRS 116.110385)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.091 - "Time share" defined.

"Time share" means the right to use and occupy a unit on a recurrent periodic basis according to an arrangement allocating this right among various owners of time shares whether or not there is an additional charge to the owner for occupying the unit.
(Added to NRS by 1991, 539)—(Substituted in revision for NRS 116.110388)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.093 - "Unit" defined.

"Unit" means a physical portion of the common-interest community designated for separate ownership or occupancy, the boundaries of which are described pursuant to paragraph (e) of subsection 1 of NRS 116.2105. If a unit in a cooperative is owned by the unit’s owner or is sold, conveyed, voluntarily or involuntarily encumbered, or otherwise transferred by the unit’s owner, the interest in that unit which is owned, sold, conveyed, encumbered or otherwise transferred is the right to possession of that unit under a proprietary lease, coupled with the allocated interests of that unit, and the association’s interest in that unit is not thereby affected.
(Added to NRS by 1991, 539)—(Substituted in revision for NRS 116.11039)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.095 - "Unit’s owner" defined.

"Unit’s owner" means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold common-interest community whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the common-interest community, but does not include a person having an interest in a unit solely as security for an obligation. In a condominium or planned community, the declarant is the owner of any unit created by the declaration until that unit is conveyed to another person. In a cooperative, the declarant is treated as the owner of any unit to which allocated interests have been allocated until that unit has been conveyed to another person.
(Added to NRS by 1991, 539; A 2011, 2417)—(Substituted in revision for NRS 116.110393)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.1104 - Provisions of chapter may not be varied by agreement, waived or evaded; exceptions.

Except as expressly provided in this chapter, its provisions may not be varied by agreement, and rights conferred by it may not be waived. Except as otherwise provided in paragraph (b) of subsection 2 of NRS 116.12075, a declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration.
(Added to NRS by 1991, 539; A 2011, 2417)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.11045 - Provisions of chapter do not invalidate or modify tariffs, rules and standards of public utility; consistency of governing documents.

1. The provisions of this chapter do not invalidate or modify the tariffs, rules and standards of a public utility.
2. The governing documents of an association must be consistent and not conflict with the tariffs, rules and standards of a public utility. Any provision of the governing documents which conflicts with the tariffs, rules and standards of a public utility is void and may not be enforced against a purchaser.
3. As used in this section, "public utility" has the meaning ascribed to it in NRS 704.020.
(Added to NRS by 2009, 974)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.1105 - Categorization of property in certain common-interest communities.

In a cooperative, unless the declaration provides that the interest of a unit’s owner in a unit and its allocated interests is real estate for all purposes, that interest is personal property.
(Added to NRS by 1991, 539; A 2005, 1231)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.1106 - Applicability of local ordinances, regulations and building codes.

1. A building code may not impose any requirement upon any structure in a common-interest community which it would not impose upon a physically identical development under a different form of ownership.
2. In condominiums and cooperatives, no zoning, subdivision or other law, ordinance or regulation governing the use of real estate may prohibit the condominium or cooperative as a form of ownership or impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under a different form of ownership.
3. Except as otherwise provided in subsections 1 and 2, the provisions of this chapter do not invalidate or modify any provision of any building code or zoning, subdivision or other law, ordinance, rule or regulation governing the use of real estate.
4. The provisions of this section do not prohibit a local government from imposing different requirements and standards regarding design and construction on different types of structures in common-interest communities. For the purposes of this subsection, a townhouse in a planned community is a different type of structure from other structures in common-interest communities, including, without limitation, other structures that are or will be owned as condominiums or cooperatives.
(Added to NRS by 1991, 540; A 2005, 2587)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.1107 - Eminent domain.

1. If a unit is acquired by eminent domain or part of a unit is acquired by eminent domain leaving the unit’s owner with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit’s owner for that unit and its allocated interests, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit’s allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.
2. Except as otherwise provided in subsection 1, if part of a unit is acquired by eminent domain, the award must compensate the unit’s owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides:
(a) That unit’s allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration; and
(b) The portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and to the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.
3. If part of the common elements is acquired by eminent domain, the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.
4. The judicial decree must be recorded in every county in which any portion of the common-interest community is located.
5. The provisions of this section do not authorize an association to exercise the power of eminent domain pursuant to chapter 37 of NRS, and an association may not exercise the power of eminent domain, as provided in NRS 37.0097.
(Added to NRS by 1991, 540; A 2009, 2877)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.1108 - Supplemental general principles of law applicable.

The principles of law and equity, including the law of corporations and any other form of organization authorized by law of this State, the law of unincorporated associations, the law of real property, and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this chapter, except to the extent inconsistent with this chapter.
(Added to NRS by 1991, 541; A 2011, 2417)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.11085 - Provisions of chapter prevail over conflicting provisions governing certain business entities generally.

If a matter governed by this chapter is also governed by chapter 78, 81, 82, 86, 87, 87A, 88 or 88A of NRS and there is a conflict between the provisions of this chapter and the provisions of those other chapters, the provisions of this chapter prevail.
(Added to NRS by 2003, 2221; A 2005, 2587; 2007, 485)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.1109 - Construction against implicit repeal; uniformity of application and construction.

1. This chapter being a general act intended as a unified coverage of its subject matter, no part of it may be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
2. This chapter must be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
(Added to NRS by 1991, 541)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.1112 - Unconscionable agreement or term of contract.

1. The court, upon finding as a matter of law that a contract or clause of a contract was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause to avoid an unconscionable result.
2. Whenever it is claimed, or appears to the court, that a contract or any clause of a contract is or may be unconscionable, the parties, to aid the court in making the determination, must be afforded a reasonable opportunity to present evidence as to:
(a) The commercial setting of the negotiations; and
(b) The effect and purpose of the contract or clause.
(Added to NRS by 1991, 541)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.1114 - Remedies to be liberally administered.

The remedies provided by this chapter must be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. Consequential, special or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law.
(Added to NRS by 1991, 541; A 2011, 2417)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.1118 - Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).
(Added to NRS by 2011, 2414)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.1203 - Exception for small planned communities.

1. Except as otherwise provided in subsections 2 and 3, if a planned community contains no more than 12 units and is not subject to any developmental rights, it is subject only to NRS 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.
2. The provisions of NRS 116.12065 and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that the definitions are necessary to construe any of those provisions, apply to a residential planned community containing more than 6 units.
3. Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, the provisions of NRS 116.3101 to 116.350, inclusive, and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that such definitions are necessary in construing any of those provisions, apply to a residential planned community containing more than 6 units.
(Added to NRS by 1991, 542; A 1993, 2357; 1999, 2999; 2001, 528; 2003, 2224, 2266; 2005, 1232, 2589; 2009, 1099, 2864; 2011, 2419; 2013, 1368, 2530; 2019, 2627; 2021, 939, 3746; 2023, 2683)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.1206 - Provisions of governing documents in violation of chapter deemed to conform with chapter by operation of law; procedure for certain amendments to governing documents.

1. Any provision contained in a declaration, bylaw or other governing document of a common-interest community that violates the provisions of this chapter:
(a) Shall be deemed to conform with those provisions by operation of law, and any such declaration, bylaw or other governing document is not required to be amended to conform to those provisions.
(b) Is superseded by the provisions of this chapter, regardless of whether the provision contained in the declaration, bylaw or other governing document became effective before the enactment of the provision of this chapter that is being violated.
2. In the case of amendments to the declaration, bylaws or plats of any common-interest community created before January 1, 1992:
(a) If the result accomplished by the amendment was permitted by law before January 1, 1992, the amendment may be made either in accordance with that law, in which case that law applies to that amendment, or it may be made under this chapter; and
(b) If the result accomplished by the amendment is permitted by this chapter, and was not permitted by law before January 1, 1992, the amendment may be made under this chapter.
3. An amendment to the declaration, bylaws or plats authorized by this section to be made under this chapter must be adopted in conformity with the applicable provisions of chapter 117 or 278A of NRS and, except as otherwise provided in subsection 8 of NRS 116.2117, with the procedures and requirements specified by those instruments. If an amendment grants to a person a right, power or privilege permitted by this chapter, any correlative obligation, liability or restriction in this chapter also applies to the person.
(Added to NRS by 1991, 543; A 1999, 2999; 2003, 2224; 2009, 1610, 2877; 2011, 2420)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.12065 - Notice of changes to governing documents.

If any change is made to the governing documents of an association, the secretary or other officer specified in the bylaws of the association shall, within 30 days after the change is made, prepare and cause to be delivered a copy of the change that was made.
(Added to NRS by 1999, 2997; A 2017, 1305)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.12075 - Applicability to nonresidential condominiums.

1. The provisions of this chapter do not apply to a nonresidential condominium except to the extent that the declaration for the nonresidential condominium provides that:
(a) This entire chapter applies to the condominium;
(b) Only the provisions of NRS 116.001 to 116.2124, inclusive, and 116.3116 to 116.31168, inclusive, apply to the condominium; or
(c) Only the provisions of NRS 116.3116 to 116.31168, inclusive, apply to the condominium.
2. If this entire chapter applies to a nonresidential condominium, the declaration may also require, subject to NRS 116.1112, that:
(a) Notwithstanding NRS 116.3105, any management, maintenance operations or employment contract, lease of recreational or parking areas or facilities and any other contract or lease between the association and a declarant or an affiliate of a declarant continues in force after the declarant turns over control of the association; and
(b) Notwithstanding NRS 116.1104 and subsection 3 of NRS 116.311, purchasers of units must execute proxies, powers of attorney or similar devices in favor of the declarant regarding particular matters enumerated in those instruments.
(Added to NRS by 2009, 1607; A 2011, 2420; 2021, 1399)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.12077 - Applicability to planned communities with nonresidential units.

1. The provisions of this chapter do not apply to a planned community in which all units are restricted exclusively to nonresidential use unless the declaration provides that this chapter or a part of this chapter does apply to that planned community pursuant to this section.
2. This chapter applies to a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted only if the declaration so provides or if the real estate comprising the units that may be used for residential purposes would be a planned community in the absence of the units that may not be used for residential purposes.
3. The declaration for the nonresidential planned community may provide that:
(a) This entire chapter applies to the planned community;
(b) Only the provisions of NRS 116.001 to 116.2124, inclusive, and 116.3116 to 116.31168, inclusive, apply to the planned community; or
(c) Only the provisions of NRS 116.3116 to 116.31168, inclusive, apply to the planned community.
4. If this entire chapter applies to a nonresidential planned community pursuant to subsection 3, the declaration may also require, subject to NRS 116.1112, that:
(a) Notwithstanding NRS 116.3105, any management, maintenance operations or employment contract, lease of recreational or parking areas or facilities and any other contract or lease between the association and a declarant or an affiliate of a declarant continues in force after the declarant turns over control of the association; and
(b) Notwithstanding NRS 116.1104 and subsection 3 of NRS 116.311, purchasers of units must execute proxies, powers of attorney or similar devices in favor of the declarant regarding particular matters enumerated in those instruments.
(Added to NRS by 2019, 1377; A 2021, 1400)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.1209 - Other exempt real estate arrangements; other exempt covenants.

1. An agreement between the associations for two or more common-interest communities to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate or other activities specified in the agreement or declarations does not create a separate common-interest community. If the declarants of the common-interest communities are affiliates, the agreement may not unreasonably allocate the costs among those common-interest communities.
2. An agreement between an association and the owner of real estate that is not part of a common-interest community to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in the agreement, does not create a separate common-interest community. However, the assessments against the units in the common-interest community required by the agreement must be included in the periodic budget for the common-interest community, and the agreement must be disclosed in all public offering statements and resale certificates required by this chapter.
3. An agreement between the owners of separately owned parcels of real estate to share costs or other obligations associated with a party wall, road, driveway or well or other similar use does not create a common-interest community unless the owners otherwise agree.
4. As used in this section, "party wall" means any wall or fence constructed along the common boundary line between parcels. The term does not include any shared building structure systems, including, without limitation, foundations, walls and roof structures.
(Added to NRS by 2009, 1608)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.2101 - Creation of common-interest communities.

A common-interest community may be created pursuant to this chapter only by recording a declaration executed in the same manner as a deed and, in a cooperative, by conveying the real estate subject to that declaration to the association. The declaration must be recorded in every county in which any portion of the common-interest community is located and must be indexed in the grantee’s index in the name of the common-interest community and the association and in the grantor’s index in the name of each person executing the declaration.
(Added to NRS by 1991, 543)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.2102 - Unit boundaries.

Except as otherwise provided by the declaration:
1. If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors or ceilings are a part of the common elements.
2. If any chute, flue, duct, wire, conduit, bearing wall, bearing column or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.
3. Subject to subsection 2, all spaces, interior partitions and other fixtures and improvements within the boundaries of a unit are a part of the unit.
4. Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, pads and mounts for heating and air-conditioning systems, patios and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit’s boundaries, are limited common elements allocated exclusively to that unit.
(Added to NRS by 1991, 543)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.2103 - Construction and validity of declaration and bylaws.

1. The inclusion in a governing document of an association of a provision that violates any provision of this chapter does not render any other provisions of the governing document invalid or otherwise unenforceable if the other provisions can be given effect in accordance with their original intent and the provisions of this chapter.
2. The rule against perpetuities and NRS 111.103 to 111.1039, inclusive, do not apply to defeat any provision of the declaration, bylaws, rules or regulations adopted pursuant to NRS 116.3102.
3. If a conflict exists between the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this chapter.
4. Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this chapter. Whether a substantial failure impairs marketability is not affected by this chapter.
(Added to NRS by 1991, 544; A 2003, 2225; 2011, 2421)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.2104 - Description of units.

A description of a unit which sets forth the name of the common-interest community, the file number and book or other information to show where the declaration is recorded, the county in which the common-interest community is located and the identifying number of the unit, is a legally sufficient description of that unit and all rights, obligations and interests appurtenant to that unit which were created by the declaration or bylaws.
(Added to NRS by 1991, 544; A 1993, 2357)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.2106 - Leasehold common-interest communities.

1. Any lease the expiration or termination of which may terminate the common-interest community or reduce its size must be recorded. Every lessor of those leases in a condominium or planned community shall sign the declaration. The declaration must state:
(a) The recording data for the lease or a statement of where the recorded lease may be inspected;
(b) The date on which the lease is scheduled to expire;
(c) A legally sufficient description of the real estate subject to the lease;
(d) Any right of the units’ owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that they do not have those rights;
(e) Any right of the units’ owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and
(f) Any rights of the units’ owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.
2. After the declaration for a leasehold condominium or leasehold planned community is recorded, neither the lessor nor the lessor’s successor in interest may terminate the leasehold interest of a unit’s owner who makes timely payment of his or her share of the rent and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. The leasehold interest of a unit’s owner in a condominium or planned community is not affected by failure of any other person to pay rent or fulfill any other covenant.
3. Acquisition of the leasehold interest of any unit’s owner by the owner of the reversion or remainder does not merge the leasehold and freehold interests unless the leasehold interests of all units’ owners subject to that reversion or remainder are acquired.
4. If the expiration or termination of a lease decreases the number of units in a common-interest community, the allocated interests must be reallocated in accordance with subsection 1 of NRS 116.1107 as if those units had been taken by eminent domain. Reallocations must be confirmed by an amendment to the declaration prepared, executed and recorded by the association.
(Added to NRS by 1991, 545; A 2011, 2422)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.2107 - Allocation of allocated interests.

1. The declaration must allocate to each unit:
(a) In a condominium, a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association;
(b) In a cooperative, a proportionate ownership in the association, a fraction or percentage of the common expenses of the association and a portion of the votes in the association; and
(c) In a planned community, a fraction or percentage of the common expenses of the association and a portion of the votes in the association.
2. The declaration must state the formulas used to establish allocations of interests. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant.
3. If units may be added to or withdrawn from the common-interest community, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the common-interest community after the addition or withdrawal.
4. The declaration may provide:
(a) That different allocations of votes are made to the units on particular matters specified in the declaration;
(b) For cumulative voting only for the purpose of electing members of the executive board; and
(c) For class voting on specified issues affecting the class if necessary to protect valid interests of the class.
Except as otherwise provided in NRS 116.31032, a declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this chapter nor may units constitute a class because they are owned by a declarant.
5. Except for minor variations because of rounding, the sum of the liabilities for common expenses and, in a condominium, the sum of the undivided interests in the common elements allocated at any time to all the units must each equal one if stated as a fraction or 100 percent if stated as a percentage. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.
6. In a condominium, the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void.
7. In a cooperative, any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an ownership interest in the association made without the possessory interest in the unit to which that interest is related is void.
(Added to NRS by 1991, 546; A 1993, 2359; 2011, 2423)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.2108 - Limited common elements.

1. Except for the limited common elements described in subsections 2 and 4 of NRS 116.2102, the declaration must specify to which unit or units each limited common element is allocated. An allocation may not be altered without the consent of the units’ owners whose units are affected.
2. Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by the units’ owners between or among whose units the reallocation is made. The persons executing the amendment shall provide a copy thereof to the association, which shall record it. The amendment must be recorded in the names of the parties and the common-interest community.
3. A common element not previously allocated as a limited common element may be so allocated only pursuant to provisions in the declaration made in accordance with paragraph (g) of subsection 1 of NRS 116.2105. The allocations must be made by amendments to the declaration.
(Added to NRS by 1991, 547)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.2109 - Plats.

1. Plats are a part of the declaration, and are required for all common-interest communities except cooperatives. Each plat must be clear and legible and contain a certification that the plat contains all information required by this section.
2. Each plat must comply with the provisions of chapter 278 of NRS and show:
(a) The name and a survey of the area which is the subject of the plat;
(b) A sufficient description of the real estate;
(c) The extent of any encroachments by or upon any portion of the property which is the subject of the plat;
(d) The location and dimensions of all easements having a specific location and dimension which serve or burden any portion of the common-interest community;
(e) The location and dimensions, with reference to an established datum, of any vertical unit boundaries and that unit’s identifying number;
(f) The location with reference to an established datum of any horizontal unit boundaries not shown or projected on plats recorded pursuant to subsection 3 and that unit’s identifying number; and
(g) The location and dimensions of limited common elements, including porches, balconies and patios, other than parking spaces and the other limited common elements described in subsections 2 and 4 of NRS 116.2102.
3. The plats must show or project any units in which the declarant has reserved the right to create additional units or common elements (paragraph (h) of subsection 1 of NRS 116.2105), identified appropriately.
4. Unless the declaration provides otherwise, when the horizontal boundaries of part of a unit located outside a building have the same elevation as the horizontal boundaries of the inside part, the elevations need not be depicted on the plats.
5. Upon exercising any developmental right, the declarant shall record new or amended plats necessary to conform to the requirements of subsection 2.
6. Each plat must be certified by a professional land surveyor.
(Added to NRS by 1991, 547; A 1993, 2360; 2009, 1612)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.211 - Exercise of developmental rights.

1. To exercise any developmental right reserved under paragraph (h) of subsection 1 of NRS 116.2105, the declarant shall prepare, execute and record an amendment to the declaration (NRS 116.2117) and in a condominium or planned community comply with NRS 116.2109. The declarant is the owner of any units thereby created. The amendment to the declaration must assign an identifying number to each new unit created, and, except in the case of subdivision or conversion of units described in subsection 2, reallocate the allocated interests among all units. The amendment must describe any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by NRS 116.2108.
2. Developmental rights may be reserved within any real estate added to the common-interest community if the amendment adding that real estate includes all matters required by NRS 116.2105 or 116.2106, as the case may be, and, in a condominium or planned community, the plats include all matters required by NRS 116.2109. This provision does not extend the time limit on the exercise of developmental rights imposed by the declaration pursuant to paragraph (h) of subsection 1 of NRS 116.2105.
3. Whenever a declarant exercises a developmental right to subdivide or convert a unit previously created into additional units, common elements, or both:
(a) If the declarant converts the unit entirely to common elements, the amendment to the declaration must convey it to the association or reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain (NRS 116.1107); and
(b) If the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.
4. If the declaration provides, pursuant to paragraph (h) of subsection 1 of NRS 116.2105, that all or a portion of the real estate is subject to a right of withdrawal:
(a) If all the real estate is subject to withdrawal, and the declaration does not describe separate portions of real estate subject to that right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and
(b) If any portion is subject to withdrawal, it may not be withdrawn after a unit in that portion has been conveyed to a purchaser.
(Added to NRS by 1991, 548; A 2009, 1613)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.2112 - Relocation of boundaries between adjoining units.

1. Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the executive board determines, within 30 days, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved and states the reallocations. The amendment must be executed by those units’ owners, contain words of conveyance between them, and, on recordation, be indexed in the name of the grantor and the grantee, and in the grantee’s index in the name of the association.
2. The association:
(a) In a condominium or planned community shall prepare and record plats necessary to show the altered boundaries between adjoining units, and their dimensions and identifying numbers; and
(b) In a cooperative shall prepare and record amendments to the declaration necessary to show or describe the altered boundaries between adjoining units, and their dimensions and identifying numbers.
(Added to NRS by 1991, 550; A 2009, 1614)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.2113 - Subdivision of units.

1. If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the declaration and law other than this chapter, upon application of the unit’s owner to subdivide a unit, the association shall prepare, execute and record an amendment to the declaration, including, in a condominium or planned community, the plats, subdividing that unit.
2. The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit or on any other basis the declaration requires.
(Added to NRS by 1991, 550; A 2009, 1614; 2011, 2424)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.2114 - Monuments as boundaries.

The existing physical boundaries of a unit or the physical boundaries of a unit reconstructed in substantial accordance with the description contained in the original declaration are its legal boundaries, rather than the boundaries derived from the description contained in the original declaration, regardless of vertical or lateral movement of the building or minor variance between those boundaries and the boundaries derived from the description contained in the original declaration. This section does not relieve a unit’s owner of liability in case of his or her willful misconduct or relieve a declarant or any other person of liability for failure to adhere to any plats or, in a cooperative, to any representation in the public offering statement.
(Added to NRS by 1991, 550; A 2009, 1614)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.2115 - Use for purposes of sales.

A declarant may maintain offices for sales and management, and models in units or on common elements in the common-interest community only if the declaration so provides. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the common-interest community. This section is subject to the provisions of other state law and to local ordinances.
(Added to NRS by 1991, 550; A 1993, 2361)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.2116 - Easement rights; validity of existing restrictions.

1. Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary to discharge the declarant’s obligations or exercise special declarant’s rights, whether arising under this chapter or reserved in the declaration.
2. Subject to paragraph (f) of subsection 1 of NRS 116.3102 and NRS 116.3112, the units’ owners have an easement in the common elements for purposes of access to their units.
3. Subject to the declaration and any rules adopted by the association, the units’ owners have a right to use the common elements that are not limited common elements and all real estate that must become common elements for the purposes for which they were intended.
4. Unless the terms of an easement in favor of an association prohibit a residential use of a servient estate, if the owner of the servient estate has obtained all necessary approvals required by law or any covenant, condition or restriction on the property, the owner may use such property in any manner authorized by law without obtaining any additional approval from the association. Nothing in this subsection authorizes an owner of a servient estate to impede the lawful and contractual use of the easement.
5. The provisions of subsection 4 do not abrogate any easement, restrictive covenant, decision of a court, agreement of a party or any contract, governing document or declaration of covenants, conditions and restrictions, or any other decision, rule or regulation that a local governing body or other entity that makes decisions concerning land use or planning is authorized to make or enact that exists before October 1, 1999, including, without limitation, a zoning ordinance, permit or approval process or any other requirement of a local government or other entity that makes decisions concerning land use or planning.
(Added to NRS by 1991, 551; A 1999, 3355; 2011, 2424)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.21183 - Rights of creditors following termination.

1. Following termination of a condominium or planned community, creditors of the association holding liens on the units, which were recorded before termination, may enforce those liens in the same manner as any lienholder. All other creditors of the association are to be treated as if they had perfected liens on the units immediately before termination.
2. In a cooperative, the declaration may provide that all creditors of the association have priority over any interests of units’ owners and creditors of units’ owners. In that event, following termination, creditors of the association holding liens on the cooperative which were recorded before termination may enforce their liens in the same manner as any lienholder, and any other creditor of the association is to be treated as if the creditor had perfected a lien against the cooperative immediately before termination. Unless the declaration provides that all creditors of the association have that priority:
(a) The lien of each creditor of the association which was perfected against the association before termination becomes, upon termination, a lien against each unit’s owner’s interest in the unit as of the date the lien was perfected;
(b) Any other creditor of the association is to be treated upon termination as if the creditor had perfected a lien against each unit’s owner’s interest immediately before termination;
(c) The amount of the lien of an association’s creditor described in paragraphs (a) and (b) against each of the units’ owners’ interest must be proportionate to the ratio which each unit’s liability for common expenses bears to the liability for common expenses of all of the units;
(d) The lien of each creditor of each unit’s owner which was perfected before termination continues as a lien against that owner’s unit as of the date the lien was perfected; and
(e) The assets of the association must be distributed to all units’ owners and all lienholders as their interests may appear in the order described in this section.
Creditors of the association are not entitled to payment from any unit’s owner in excess of the amount of the creditor’s lien against that owner’s interest.
(Added to NRS by 1991, 553)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.21185 - Respective interests of units’ owners following termination.

The respective interests of units’ owners referred to in subsections 5, 6 and 7 of NRS 116.2118 and in NRS 116.21183 are as follows:
1. Except as otherwise provided in subsection 2, the respective interests of units’ owners are the fair market values of their units, allocated interests, and any limited common elements immediately before the termination, as determined by one or more independent appraisers selected by the association. The decision of the independent appraisers must be distributed to the units’ owners and becomes final unless disapproved within 30 days after distribution by units’ owners to whom 25 percent of the votes in the association are allocated. The proportion of interest of any unit’s owner to that of all units’ owners is determined by dividing the fair market value of that unit and its allocated interests by the total fair market values of all the units and their allocated interests.
2. If any unit or any limited common element is destroyed to the extent that an appraisal of the fair market value thereto before destruction cannot be made, the interests of all units’ owners are:
(a) In a condominium, their respective interests in the common elements immediately before the termination;
(b) In a cooperative, their respective ownerships immediately before the termination; and
(c) In a planned community, their respective liabilities for common expenses immediately before the termination.
(Added to NRS by 1991, 553)