Section 116.090 - "Limited-purpose association" interpreted1. An association is a limited-purpose association pursuant to subparagraph (1) of paragraph (a) of subsection 6 of NRS NRS 116.1201 if: (a) The association has been created for the sole purpose of maintaining the common elements consisting of landscaping, public lighting or security walls, or trails, parks and open space;(b) The declaration states that the association has been created as a landscape maintenance association; and(c) The declaration expressly prohibits: (1) The association, and not a unit's owner, from enforcing a use restriction against a unit's owner;(2) The association from adopting any rules or regulations concerning the enforcement of a use restriction against a unit's owner; and(3) The imposition of a fine or any other penalty against a unit's owner for a violation of a use restriction.2. An association is a limited-purpose association pursuant to subparagraph (2) of paragraph (a) of subsection 6 of NRS NRS 116.1201 if the association is created for the sole purpose of maintaining:(a) Areas on an official plat that are designated as unsuitable for building;(b) Areas required by the governing body to be designated as floodways, natural drainage or spillways; or(c) Other areas that the governing body requires to be used for the purpose of collecting, facilitating, retaining or channeling storm water drainage of the residential property of the common-interest community.3. An association is a limited-purpose association pursuant to subparagraph (3) of paragraph (a) of subsection 6 of NRS NRS 116.1201 if: (a) The association has been created as a rural agricultural residential common-interest community;(b) The residential lots in the common-interest community are a minimum of 1 acre and are zoned for agricultural purposes by the county in which the community is located; and(c) The governing documents of the association authorize the residents to farm or raise livestock on the residential lots.4. As used in this section:(a) "Governing body" has the meaning ascribed to it in NRS NRS 278.015.(b) "Landscaping" has the meaning ascribed to it in NRS NRS 278.4781.(c) "Public lighting" has the meaning ascribed to it in NRS NRS 278.4783.(d) "Security wall" has the meaning ascribed to it in NRS NRS 271.203.(e) "Trails, parks and open space" means trails, parks and open space that provide a substantial public benefit or are required by the governing body for the primary use of the public. The term does not include a private street or roadway, gated entry, swimming pool, gazebo, clubhouse, pond, tennis court, miniature golf course or frisbee golf course.(f) "Use restriction" means any provision of the governing documents of an association that restricts a unit's owner in the use of his or her unit.Nev. Admin. Code § 116.090
Added to NAC by Real Estate Div. by R114-99, eff. 5-5-2000; A by Comm'n for Common-Interest Communities by R129-04, 4-14-2005; R205-05, 9-18-2006