Nevada § 116.1201 - Applicability; regulations

§ 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 limited-purpose association: (1) Shall pay the fees required pursuant to NRS 116.31155 , except that if the limited-purpose association is created for a rural agricultural

residential common-interest community, the limited-purpose association is not required

to pay the fee unless the association intends to use the services of the Ombudsman; (2) Shall register with the Ombudsman pursuant to NRS 116.31158 ; (3) Shall comply with the provisions of: (I) NRS 116.31038 ; (II) NRS 116.31083 and 116.31152 , unless the limited-purpose association is created for a rural agricultural residential

common-interest community; (III) NRS 116.31073 , if the limited-purpose association is created for maintaining the landscape of the

common elements of the common-interest community; (IV) NRS 116.31075 , if the limited-purpose association is created for a rural agricultural residential

common-interest community; and (V) NRS 116.3116 to 116.31168 , inclusive. (4) Shall comply with the provisions of NRS 116.4101 to 116.412 , inclusive, as required by the regulations adopted by the Commission pursuant to

paragraph (b) of subsection 5; and (5) Shall not enforce any restrictions concerning the use of units by the units' owners,

unless the limited-purpose association is created for a rural agricultural residential

common-interest community. (b) Common-interest communities or units located outside of this State, but NRS 116.4102 and 116.4103 , and, to the extent applicable, NRS 116.41035 to 116.4107 , inclusive, apply to a contract for the disposition of a unit in that common-interest

community signed in this State by any party unless exempt under subsection 2 of NRS 116.4101 . (c) A common-interest community that was created before January 1, 1992, is located

in a county whose population is less than 55,000, and has less than 50 percent of

the units within the community put to residential use, unless a majority of the units'

owners otherwise elect in writing. (d) Except as otherwise provided in this chapter, time shares governed by the provisions

of chapter 119A of NRS . 3. The provisions of this chapter do not: (a) Prohibit a common-interest community created before January 1, 1992, from providing

for separate classes of voting for the units' owners; (b) Require a common-interest community created before January 1, 1992, to comply

with the provisions of NRS 116.2101 to 116.2124 , inclusive; (c) Invalidate any assessments that were imposed on or before October 1, 1999, by

a common-interest community created before January 1, 1992; (d) Except as otherwise provided in subsection 8 of NRS 116.31105 , prohibit a common-interest community created before January 1, 1992, or a common-interest

community described in NRS 116.31105 from providing for a representative form of government, except that, in the election

or removal of a member of the executive board, the voting rights of the units' owners

may not be exercised by delegates or representatives; (e) Prohibit a master association which governs a time-share plan created pursuant

to chapter 119A of NRS from providing for a representative form of government for the time-share plan;

or (f) Prohibit a master association which governs a planned community containing both

units that are restricted exclusively to nonresidential use and other units that are

not so restricted and which is exempt from the provisions of this chapter pursuant

to subsection 2 of NRS 116.12077 from providing for a representative form of government. 4. The provisions of chapters 117 and 278A of NRS do not apply to common-interest

communities. 5. The Commission shall establish, by regulation: (a) The criteria for determining whether an association, a limited-purpose association

or a common-interest community satisfies the requirements for an exemption or limited

exemption from any provision of this chapter; and (b) The extent to which a limited-purpose association must comply with the provisions

of NRS 116.4101 to 116.412 , inclusive. 6. As used in this section, “ limited-purpose association ” means an association that: (a) Is created for the limited purpose of maintaining: (1) The landscape of the common elements of a common-interest community; (2) Facilities for flood control; or (3) A rural agricultural residential common-interest community; and (b) Is not authorized by its governing documents to enforce any restrictions concerning

the use of units by units' owners, unless the limited-purpose association is created

for a rural agricultural residential common-interest community.