Nevada § 116.2116 - Easement rights; validity of existing restrictions

§ 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.