Nevada § 116.2117 - Amendment of declaration

§ 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 NRS 116.2108, subsection 1 of NRS 116.2112 or NRS 116.2113 , or by certain units' owners under subsection 2 of NRS 116.2108, subsection 1 of NRS 116.2112, subsection 2 of NRS 116.2113 or subsection 2 of NRS 116.2118 , and except as otherwise limited by subsections 4, 6, 7 and 8, the declaration, including

any plats, may be amended only by vote or agreement of units' owners of units to which

at least a majority of the votes in the association are allocated, unless the declaration

specifies a different percentage for all amendments or for specified subjects of amendment. If the declaration requires the approval of another person as a condition of its

effectiveness, the amendment is not valid without that approval. 2. No action to challenge the validity of an amendment adopted by the association

pursuant to this section may be brought more than 1 year after the amendment is recorded. 3. Every amendment to the declaration must be recorded in every county in which any

portion of the common-interest community is located and is effective only upon recordation. An amendment, except an amendment pursuant to NRS 116.2112 , 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 the parties executing

the amendment. 4. Except to the extent expressly permitted or required by other provisions of this

chapter, no amendment may change the boundaries of any unit or change the allocated

interests of a unit in the absence of unanimous consent of only those units' owners

whose units are affected and the consent of a majority of the owners of the remaining

units. 5. Amendments to the declaration required by this chapter to be recorded by the association

must be prepared, executed, recorded and certified on behalf of the association by

any officer of the association designated for that purpose or, in the absence of designation,

by the president of the association. 6. An amendment to the declaration which prohibits or materially restricts the permitted

uses of a unit or the number or other qualifications of persons who may occupy units

may not be enforced against a unit's owner who was the owner of the unit on the date

of the recordation of the amendment as long as the unit's owner remains the owner

of that unit. 7. A provision in the declaration creating special declarant's rights that have not

expired may not be amended without the consent of the declarant. 8. If any provision of this chapter or of the declaration requires the consent of

a holder of a security interest in a unit, or an insurer or guarantor of such interest,

as a condition to the effectiveness of an amendment to the declaration, that consent

is deemed granted if: (a) The holder, insurer or guarantor has not requested, in writing, notice of any

proposed amendment; or (b) Notice of any proposed amendment is required or has been requested and a written

refusal to consent is not received by the association within 60 days after the association

delivers notice of the proposed amendment to the holder, insurer or guarantor, by

certified mail, return receipt requested, to the address for notice provided by the

holder, insurer or guarantor in a prior written request for notice.