Residential Use (restrictions, alterations, rentals, trash, remediation, limited-purpose associations, etc.)
If the units in a common-interest community are restricted to residential use, is transient commercial use automatically prohibited?
“Transient commercial use” means the use of a unit for payment as a hostel, hotel, inn, motel, resort, vacation rental or other form of transient lodging for less than 30 consecutive calendar days.
Units within a planned community that are restricted to residential use by the declaration MAY be used for transient commercial use only if:
- the governing documents of the association and any master association do not prohibit such use;
- the executive board of the association and any master association approve the transient commercial use of the unit, except that such approval is not required if the planned community and one or more hotels are subject to the governing documents of a master association and those governing documents do not prohibit such use; AND
- the unit is properly zoned for the transient commercial use, and any license required by the local government for the transient commercial use is obtained.
The association may establish requirements regarding this use, including the payment of additional fees necessary to cover costs of allowing the use.
What restrictions are placed on a homeowner when altering a single-family home?
A unit owner may not change the exterior appearance of a unit without permission of the association if the declaration so provides. However, an association may not unreasonably restrict, prohibit or withhold approval for a unit owner to add to a unit:
- ramps, railings or elevators necessary for access for any occupant who has a disability;
- locks or shutters to improve the security of the unit or to reduce costs of energy; or
- a system that uses wind energy if the boundaries of the unit encompass 2 acres or more and unless the unit’s owner first obtains the written consent of each owner within 300 feet.
Any alteration that is visible from the street must be added in accordance with the procedures set forth in the governing documents of the association and must be selected or designed to the maximum extent feasible to be compatible with the style of the common-interest community.
What authority does the board have regarding a homeowner’s trash cans?
An association may adopt rules that reasonably restrict the manner in which containers are stored when not in the collection area, including location. Rules adopted by the association must allow for storage of these containers outside of the unit owner’s garage, but may require that the containers still be screened from view. Rules can recommend the size, location, color and material of any device, structure, or item used to screen the containers.
Can the association interrupt a homeowner’s utilities?
An association may not interrupt any utility service, except for the nonpayment of utility charges when due. The association shall in every case send a written notice of its intent to interrupt the utility service to the unit owner or tenant at least 10 days prior to interruption and comply with all laws relating to the interruption of any utility.
Can the association prohibit a homeowner from renting or leasing their unit?
Unless at the time a unit owner purchased his or her unit, the declaration prohibited renting or leasing, the association may not prohibit it for that owner. The same applies to an owner having to secure or obtain approval from the association in order to rent or lease. If a declaration establishes a maximum number or percentage of units which may be rented or leased, that provision may not be amended to decrease that maximum number or percentage in a way that impacts current unit owners. If a unit owner is prohibited from renting or leasing a unit because the maximum number or percentage of rental units allowed has already been reached, the unit owner may seek a waiver from the executive board based upon a showing of economic hardship.
What can the Ombudsman’s Office assist with if I live in a limited-purpose association?
For LPAs, the Division only has the authority to investigate alleged violations of the provisions of law cited in NRS 116.1201(2)(a). Any other alleged violations become a governing document matter, and the complainant should contact the court to inquire whether Alternative Dispute Resolution (ADR) must be utilized to continue with the dispute.