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) Associations 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) Except as otherwise provided in NRS 116.31075, a rural agricultural residential common-interest community.
(b) A planned community in which all units are restricted exclusively to nonresidential use unless the declaration provides that this chapter does apply to that planned community. This chapter applies to a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted only if the declaration so provides or if the real estate comprising the units that may be used for residential purposes would be a planned community in the absence of the units that may not be used for residential purposes.
(c) Common-interest communities or units located outside of this State, but the provisions of NRS 116.4102 to 116.4108, inclusive, apply to all contracts for the disposition thereof signed in this State by any party unless exempt under subsection 2 of NRS 116.4101.
(d) A common-interest community that was created before January 1, 1992, is located in a county whose population is less than 50,000, 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.
(e) 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 of the association;
(b) Require a common-interest community created before January 1, 1992, to comply with the provisions of NRS 116.2101 to 116.2122, inclusive;
(c) Invalidate any assessments that were imposed on or before October 1, 1999, by a common-interest community created before January 1, 1992; or
(d) 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.
4. The provisions of chapters 117 and 278A of NRS do not apply to common-interest communities.
5. The Commission shall establish, by regulation, the criteria for determining whether an association or a common-interest community satisfies the requirements for an exemption from any provision of this chapter.
Last modified: February 27, 2006