NRS 116.318 Right of units’ owners to keep pet.

453 words·~2 min read·/nv/chapter-116-common-interest-ownership-uniform-act/116-318·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in subsections 2, 3 and 4, the executive board of an association shall not and the governing documents of that association must not prohibit a unit’s owner from keeping at least one pet within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively.

2. This section does not preclude an association from adopting, and does not preclude the governing documents of the association from setting forth, reasonable restrictions on the ownership of pets by a unit’s owner. For the purpose of this subsection, it is presumed that a restriction on the ownership of a dangerous or vicious dog as defined in NRS 202.500 is a reasonable restriction on pet ownership.

3. 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.

4. The original declaration may prohibit a unit’s owner from keeping at least one pet within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively. A declaration may not be amended to include such a prohibition.

5. Nothing in this section shall be construed to affect:

(a)The validity and enforceability of a provision in a governing document prohibiting a unit’s owner from keeping at least one pet within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively, if such a prohibition was effective on or before October 1, 2019.

(b)Any other right provided by law to a unit’s owner concerning his or her right to keep a pet within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively.

6. For purposes of this section:

(a)“Governing documents” means:

(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;

(2)The bylaws and rules of the association; and

(3)Any other documents that govern the operation of the common-interest community or the association.

(b)“Pet” means any domesticated bird, cat, dog or aquatic animal kept within an aquarium or other animal as agreed upon by the association and the unit’s owner.