Nevada § 116.330 - Right of units' owners to install or maintain drought tolerant landscaping; conditions and limitations on exercise of right; installation of drought tolerant landscaping within common elements

§ 116.330. Right of units' owners to install or maintain drought tolerant landscaping; conditions and limitations on exercise of right; installation of drought tolerant landscaping within common elements

1. The executive board shall not and the governing documents must not prohibit a unit's

owner from installing or maintaining drought tolerant landscaping within such physical

portion of the common-interest community as that owner has a right to occupy and use

exclusively, including, without limitation, the front yard or back yard of the unit's

owner, except that: (a) Before installing drought tolerant landscaping, the unit's owner must submit a

detailed description or plans for the drought tolerant landscaping for architectural

review and approval in accordance with the procedures, if any, set forth in the governing

documents of the association; and (b) The drought tolerant landscaping must be selected or designed to the maximum extent

practicable to be compatible with the style of the common-interest community. The provisions of this subsection must be construed liberally in favor of effectuating

the purpose of encouraging the use of drought tolerant landscaping, and the executive

board shall not and the governing documents must not unreasonably deny or withhold

approval for the installation of drought tolerant landscaping or unreasonably determine

that the drought tolerant landscaping is not compatible with the style of the common-interest

community. 2. Installation of drought tolerant landscaping within any common element or conversion

of traditional landscaping or cultivated vegetation, such as turf grass, to drought

tolerant landscaping within any common element shall not be deemed to be a change

of use of the common element unless: (a) The common element has been designated as a park, open play space or golf course

on a recorded plat map; or (b) The traditional landscaping or cultivated vegetation is required by a governing

body under the terms of any applicable zoning ordinance, permit or approval or as

a condition of approval of any final subdivision map. 3. As used in this section, “ drought tolerant landscaping ” means landscaping which conserves water, protects the environment and is adaptable

to local conditions. The term includes, without limitation, the use of mulches such as decorative rock

and artificial turf.