NRS 116.323 Right of unit’s owner to display religious or cultural items in certain areas; conditions and limitations on exercise of right.

736 words·~3 min read·/nv/chapter-116-common-interest-ownership-uniform-act/116-323·

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

1. Except as otherwise provided in subsection 2 or 3, the executive board of an association or a unit’s owner who rents or leases his or her unit shall not and the governing documents of an association or rental agreement must not prohibit a unit’s owner or an occupant of a unit from engaging in the display of religious or cultural items within such physical portion of the common-interest community as that owner or occupant has a right to occupy and use exclusively.

2. The provisions of this section do not:

(a)Apply to a display of religious or cultural items that:

(1)Has a total size that is greater than 36 by 12 square inches or that exceeds the size of the door on which or whose frame on which the display of religious or cultural items is displayed or affixed;

(2)Has a total size that is greater than 36 by 12 square inches that is immediately adjacent or affixed to the entry of a unit;

(3)Threatens the health, safety or welfare of the public;

(4)Hinders the opening or closing of any entry door;

(5)Violates any federal, state or local law;

(6)Promotes discriminatory behavior; or

(7)Contains graphics, language or any display that is obscene or otherwise illegal.

(b)Preclude an association or a unit’s owner who rents or leases his or her unit from adopting, and do not preclude the governing documents of an association or a rental agreement from setting forth, rules that reasonably restrict the placement and manner of the display of religious or cultural items by a unit’s owner or an occupant of a unit.

3. An association or a unit’s owner who is performing or causing to be performed any maintenance, repair or replacement of an entry door or doorframe of a unit may:

(a)Remove a display of religious or cultural items on the entry door or doorframe during the time the work is being performed in accordance with the provisions of this paragraph. An association or unit’s owner shall, before temporarily removing a display of religious or cultural items pursuant to this paragraph, provide written notice at least 7 days before the work is performed, except in an emergency, to the affected unit’s owner or occupant of the unit. If, following receipt of such written notice, the unit’s owner or occupant consents to the removal of the display of religious or cultural items or fails, within a reasonable period, to respond to the written notice, then the association or unit’s owner may temporarily remove the display of religious or cultural items. The association or unit’s owner shall store the item or items with respect and in accordance with the appropriate religious or cultural practice, tradition or custom and document compliance with this paragraph. After the work is completed, the association or unit’s owner shall return the display of religious or cultural items to the entry door or doorframe within 72 hours after the work is completed.

(b)Require the unit’s owner or an occupant of the unit to remove a display of religious or cultural items on the entry door or doorframe during the time the work is being performed in accordance with the provisions of this paragraph. An association or unit’s owner shall, before requiring a unit’s owner or occupant of a unit to temporarily remove a display of religious or cultural items pursuant to this paragraph, provide written notice of at least 7 days before the work is performed, except in an emergency, to the affected unit’s owner or occupant. After the work is completed, the unit’s owner or occupant must be permitted to return the display of religious or cultural items to the entry door or doorframe within 72 hours after the work is completed.

4. In any action commenced to enforce the provisions of this section, the prevailing party is entitled to recover reasonable attorney’s fees and costs.

5. As used in this section:

(a)“Display of religious or cultural items” means an item displayed or affixed in or on a unit because of sincerely held religious or cultural beliefs, practices or traditions.

(b)“Rental agreement” means an oral or written agreement between a unit’s owner and another person for the use and occupancy of a unit.