AB 161 — Revises provisions governing common-interest communities. (BDR 10-705)

(ReprintedAssembly withBill amendmentsNo. adopted on April 22, 2019) FIRST REPRINT A.B.

161161–Assemblymen AHansen, SSEMBLYLeavitt; B ILL N O.

161–ABilbray- SSEMBLYMENAxelrod, HANSENCohen, ,Edwards, LHardy, EAVITTKramer, ;Roberts, Swank, Titus and Watts Joint Sponsor:

BILBRAYSenator -AScheible XELRODCHAPTER.......... , COHEN , EDWARDS , HARDY , KRAMER , ROBERTS , WANK , ITUS AND W ATTS FEBRUARY 15, 2019 ____________ JOINT SPONSOR :

SENATOR SCHEIBLE ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing common-interest communities.

(BDR 10-705) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law requires the unit-owners’ association of a common-interest community to adopt bylaws and authorizes an association to amend such bylaws and to adopt rules and regulations concerning the community.

(NRS 116.3102)s116.3102) Section 1 of this bill restricts an association from prohibiting a unit’s owner from keepingreasonable atrestrictions leaston one pet withinownership hisin orthe hercommon-interest residence,community.iation’s subjectSection to1 theprovides association’sthat reasonablea restrictionsrestriction on petthe ownership inof thea common-interestdangerous community.or vicious dog will be presumed to be a reasonable restriction on pet ownership.

SectionIf 1an providesassociation thatadopts a restrictionprovision onin the ownershipgoverning documents or amends a provision in the governing documents restricting the number of pets kept by a dangerousunit’s orowner, vicioussection dogrequires willthe beprovision presumedto apply prospectively, prohibiting the association from restricting a unit’s owner from continuing to bekeep a reasonablepet restrictionthat otherwise complied prohibition on pet ownership.ownership may be contained in the original declaration of aat a common-interest community.

IfSection an1 associationalso adoptsprovides that a provisionprohibition inon thepet governingownership documentscontained orin amends a provision in the governing documents restricting the number of pets kept by a unit’sgoverning owner,document sectionis restrictingvalid aand unit’senforceable, ownerif fromthe continuingprohibition tois keepeffective aon petor thatbefore otherwiseOctober compliedm1, with2019. the previous provisions of the governing documents.

Section 1 provides that a prohibition on pet ownership may be contained in the original declaration of a common-interest community.

Section 1 also provides that a prohibition on pet ownership contained in a provision of a governing document is valid and - *AB161_R1* – 2 – enforceable, if the prohibition is effective on or before October 1, 2019.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

This section does not preclude an association from adopting, and does not preclude the governing documents of the - 80th Session (2019) – 2 – association from setting forth, reasonable restrictions on the ownership of pets by a unit’s owner.

If an association adopts a new provision or amends an existing provision of a governing document to restrict the number of pets kept by a unit’s owner, the provision must not prohibit a unit’s owner from continuing to keep his or her pet within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively, if the pet otherwise conformed to the previous provisions of the governing documents.

- *AB161_R1* – 3 – 6.

(a)(a)(1) “GoverningThe documents”articles means:of incorporation, articles of association, articles of organization, certificate of registration, certificate of limited partnership, certificate of trust or other documents that are used to organize the association for the common-interest community;

(1) The articles of incorporation, articles of association, articles of organization, certificate of registration, certificate of limited partnership, certificate of trust or other documents that are used to organize the association for the common-interest community;

- 80th Session (2019) – 3 – Sec.

The provisions of NRS 116.12065 and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that the definitions are necessary to construe any of those provisions, apply to a3.resExcept residentialfor plannedNRS community116.3104, containing116.31043, more116.31046 thanand 6 units.

3.116.31138, the provisions of NRS 116.3101 to 116.350, inclusive, and section 1 of this act, and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that such definitions are necessary in construing any of those provisions, apply to a residential planned community containing more than 6 units.

Except~~~~~ for19 NRS- 116.3104,80th 116.31043,Session 116.31046(2019) and 116.31138, the provisions of NRS 116.3101 to 116.350, inclusive, and section 1 of this act, and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that such definitions are necessary in construing any of those provisions, apply to a residential planned community containing more than 6 units.

H - *AB161_R1*