Plats and plans.
1. Plats and plans are a part of the declaration, and are required for all common-interest communities except cooperatives. Each plat and plan must be clear and legible and contain a certification that the plat or plan contains all information required by this section.
2. Each plat must comply with the provisions of chapter 278 of NRS and show:
(a) The name and a survey of the area which is the subject of the plat;
(b) A sufficient description of the real estate;
(c) The extent of any encroachments by or upon any portion of the property which is the subject of the plat;
(d) The location and dimensions of all easements having a specific location and dimension which serve or burden any portion of the common-interest community;
(e) The location and dimensions of any vertical unit boundaries and that unit’s identifying number;
(f) The location with reference to an established datum of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection 4 and that unit’s identifying number; and
(g) The location and dimensions of limited common elements, including porches, balconies and patios, other than parking spaces and the other limited common elements described in subsections 2 and 4 of NRS 116.2102.
3. To the extent not shown or projected on the plats, plans of the units must show or project any units in which the declarant has reserved the right to create additional units or common elements (paragraph (h) of subsection 1 of NRS 116.2105), identified appropriately.
4. Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside a building have the same elevation as the horizontal boundaries of the inside part and need not be depicted on the plats and plans of the units.
5. A declarant shall also provide a plan of development for the common-interest community with its initial phase of development. The declarant shall revise the plan of development with each subsequent phase. The plan of development may show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the common-interest community. Any contemplated improvement shown must be labeled either “MUST BE BUILT” or “NEED NOT BE BUILT.” The plan of development must also show or project:
(a) The location and dimensions of all real estate not subject to developmental rights, or subject only to the developmental right to withdraw, and the location and dimensions of all existing improvements within that real estate;
(b) A sufficient description of any real estate subject to developmental rights, labeled to identify the rights applicable to each parcel; and
(c) A sufficient description of any real estate in which the units’ owners will own only an estate for years, labeled as “leasehold real estate.”
6. Upon exercising any developmental right, the declarant shall record new or amended plats necessary to conform to the requirements of subsection 2 and provide new or amended plans of the units and a new or amended plan of development or new certifications of those plans if the plans otherwise conform to the requirements of subsections 3 and 5.
7. Each plat must be certified by an independent professional land surveyor. The plans of the units must be certified by an independent professional engineer or architect. If the plan of development is not certified by an independent professional land surveyor or an independent professional engineer or architect, it must be acknowledged by the declarant.
Last modified: February 27, 2006