NRS 116.333 Request by unit’s owner to install distributed generation system; approval or denial of request; resubmission of request.

441 words·~2 min read·/nv/chapter-116-common-interest-ownership-uniform-act/116-333·

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

1. A unit’s owner in an association whose governing documents authorize the association to impose restrictions on architectural improvements who wishes to install a distributed generation system within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively may submit a request to the association in accordance with any applicable procedures set forth in the governing documents of the association. The unit’s owner shall not install the distributed generation system unless the association has approved the request.

2. An association that has adopted rules and regulations governing the installation of a distributed generation system pursuant to NRS 116.334 shall approve or deny the request within 35 days after the receipt of the request. If the association denies the request, the association shall provide the unit’s owner a notice that details the reasons for the denial, which must be based on the rules and regulations adopted by the association pursuant to NRS 116.334 . If the association fails to approve or deny the request within 35 days after the receipt of the request, the request shall be deemed to be approved.

3. If a unit’s owner whose request to install a distributed generation system was denied pursuant to subsection 2 subsequently resubmits the request and addresses the reasons for the denial of the initial request, the association shall approve or deny the request within 15 days after the receipt of the request. If the association denies the request, the association shall provide the unit’s owner notice that details the reasons for the denial, which must be based on the rules and regulations adopted by the association pursuant to NRS 116.334 . If the association fails to approve or deny the request within 15 days after the receipt of the request, the request shall be deemed to be approved.

4. An association that has not adopted rules and regulations governing the installation of a distributed generation system pursuant to NRS 116.334 that receives a request submitted pursuant to subsection 1 shall approve the request within 15 days after the receipt of the request. The association shall not deny the request or impose any conditions upon the installation of the distributed generation system.

5. If an association has adopted rules and regulations governing the installation of a distributed generation system pursuant to NRS 116.334 , the association and each unit’s owner shall comply with the rules and regulations.

6. As used in this section, “distributed generation system” has the meaning ascribed to it in NRS 598.9804 .