§ 116.2117 — Amendment of declaration

Nevada § 116.2117

• Jurisdiction: Nevada
• Title 10: PROPERTY RIGHTS AND TRANSACTIONS
• Ch. 116: Common-Interest

Text

1. Except as otherwise provided in NRS 116.21175 , and except in cases of amendments that may be executed by a declarant under subsection 5 of NRS 116.2109 or NRS 116.211 , or by the association under NRS 116.1107 , 116.2106 , subsection 3 of NRS 116.2108 , subsection 1 of NRS 116.2112 or NRS 116.2113 , or by certain units’ owners under subsection 2 of NRS 116.2108 , subsection 1 of NRS 116.2112 , subsection 2 of NRS 116.2113 or subsection 2 of NRS 116.2118 , and except as otherwise limited by subsections 4, 6, 7 and 8, the declaration, including any plats, may be amended only by vote or agreement of units’ owners of units to which at least a majority of the votes in the association are allocated, unless the declaration specifies a different percentage for all amendments or for specified subjects of amendment. If the declaration requires the approval of another person as a condition of its effectiveness, the amendment is not valid without that approval.
2. No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than 1 year after the amendment is recorded.
3. Every amendment to the declaration must be recorded in every county in which any portion of the common-interest community is located and is effective only upon recordation. An amendment, except an amendment pursuant to NRS 116.2112 , must be indexed in the grantee’s index in the name of the common-interest community and the association and in the grantor’s index in the name of the parties executing the amendment.
4. Except to the extent expressly permitted or required by other provisions of this chapter, no amendment may change the boundaries of any unit or change the allocated interests of a unit in the absence of unanimous consent of only those units’ owners whose units are affected and the consent of a majority of the owners of the remaining units.
5. Amendments to the declaration required by this chapter to be recorded by the association must be prepared, executed, recorded and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.
6. An amendment to the declaration which prohibits or materially restricts the permitted uses of a unit or the number or other qualifications of persons who may occupy units may not be enforced against a unit’s owner who was the owner of the unit on the date of the recordation of the amendment as long as the unit’s owner remains the owner of that unit.
7. A provision in the declaration creating special declarant’s rights that have not expired may not be amended without the consent of the declarant.
8. If any provision of this chapter or of the declaration requires the consent of a holder of a security interest in a unit, or an insurer or guarantor of such interest, as a condition to the effectiveness of an amendment to the declaration, that consent is deemed granted if:
(a) The holder, insurer or guarantor has not requested, in writing, notice of any proposed amendment; or
(b) Notice of any proposed amendment is required or has been requested and a written refusal to consent is not received by the association within 60 days after the association delivers notice of the proposed amendment to the holder, insurer or guarantor, by certified mail, return receipt requested, to the address for notice provided by the holder, insurer or guarantor in a prior written request for notice.

Legislative History

(Added to NRS by 1991, 551 ; A 1993, 2362 ; 1999, 395 , 396 ; 2005, 2589 ; 2009, 1615 , 1733 ; 2011, 2424 ; 2019, 1379 )