Title 10

NRS 116.081 “Real estate” defined. “Real estate” means any leasehold or other estate or interest in, over or under land, including structures, fixtures and other improvements and interests that by custom, usage or law pass with a conveyance of land though not described in the con…

NRS 116.083 “Residential use” defined. “Residential use” means use as a dwelling or for personal, family or household purposes by ordinary customers, whether rented to particular persons or not. Such uses include marina boat slips, piers, stable or agricultural stalls or pens, ca…

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)

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,…

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 offerin…

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 …

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…

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 …

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…

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…

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 …

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 ownershi…

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 compen…

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 re…

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…

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 const…

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…

NRS 116.1113 Obligation of good faith. Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement. (Added to NRS by 1991, 541)

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 …

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…

NRS 116.1201 Applicability; regulations. 1. Except as otherwise provided in this section and NRS 116.1203, this chapter applies to all common-interest communities created within this State. 2. This chapter does not apply to: (a) A limited-purpose association, except that a limite…

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 declarati…

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 …

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 …

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 condominiu…

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 t…

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 ot…

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 a…

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…

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 unenforceabl…

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 ide…

NRS 116.2105 Contents of declaration. 1. The declaration must contain: (a) The names of the common-interest community and the association and a statement that the common-interest community is either a condominium, cooperative or planned community; (b) The name of every county in …

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. …

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…

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 …

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…

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 commun…

NRS 116.2111 Alterations of units; access to units. 1. Except as otherwise provided in this section and subject to the provisions of the declaration and other provisions of law, a unit’s owner: (a) May make any improvements or alterations to his or her unit that do not impair the…

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…

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, exe…

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 fr…

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 mainta…

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 …

NRS 116.2117 Amendment of declaration. 1. Except as otherwise provided in NRS 116.21175, and except in cases of amendments that may be executed by a declarant under subsection 5 of NRS 116.2109 or NRS 116.211, or by the association under NRS 116.1107, 116.2106, subsection 3 of NR…

NRS 116.21175 Procedure for seeking confirmation from district court of certain amendments to declaration. 1. Except as otherwise limited by subsection 4 of NRS 116.2117, if: (a) To approve an amendment to the declaration pursuant to NRS 116.2117, the declaration requires: (1) In…

NRS 116.2118 Termination of common-interest community. 1. Except in the case of a taking of all the units by eminent domain, in the case of foreclosure against an entire cooperative of a security interest that has priority over the declaration, or in the circumstances described i…