Assembly Bill No. 319–Assemblymen Anderson, Parks, Chowning, Claborn, Collins, Conklin, Goicoechea, Grady, Horne, Koivisto, Leslie, Mabey, McClain, Mortenson, Oceguera, Perkins, Pierce and Sherer

 

March 14, 2003

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning common-interest communities. (BDR 10‑1177)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to common-interest communities; providing for the transient commercial use of one or more units within a planned community that are restricted to residential use in larger counties under certain circumstances; authorizing the executive board of a master association of certain common-interest communities to reallocate certain costs; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 116 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  1.  In a county whose population is 400,000 or more,

1-4  a person other than a declarant who owns, or directly or indirectly

1-5  has an interest in, one or more units within a planned community

1-6  that is restricted to residential use by the declaration may use that

1-7  unit or one of those units for a transient commercial use only if:

1-8  (a) The governing documents of the association and the

1-9  master association do not prohibit such use; and

1-10      (b) Persons entitled to cast at least a majority of the votes in

1-11  the association and the master association approve the transient

1-12  commercial use of the unit.

2-1  2.  The association and the master association may establish

2-2  requirements for such use pursuant to subsection 1, including,

2-3  without limitation, the payment of additional fees that are related

2-4  to any increase in services or other costs associated with the

2-5  transient commercial use of the unit.

2-6  3.  As used in this section:

2-7  (a) “Remuneration” means any compensation, money, rent or

2-8  other valuable consideration given in return for the occupancy,

2-9  possession or use of a unit.

2-10      (b) “Transient commercial use” means the use of a unit, for

2-11  remuneration, as a hostel, hotel, inn, motel, resort, vacation rental

2-12  or other form of transient lodging if the term of the occupancy,

2-13  possession or use of the unit is for less than 30 consecutive

2-14  calendar days.

2-15      Sec. 3.  The executive board of a master association of any

2-16  common-interest community that was created before January 1,

2-17  1975, and which is located in a county whose population is

2-18  400,000 or more may record an amendment to the declaration

2-19  pursuant to which the master association reallocates the costs of

2-20  administering the common elements of the master association

2-21  among the units of the common-interest community uniformly

2-22  based upon the actual costs associated with each unit.

 

2-23  H