Prohibiting Rentals in Nevada HOAs

Hi Lorraine,

Unfortunately, unless rental restrictions already existed at the time the owner purchased the unit, you can’t prohibit rentals. Nevada Revised Statutes Section 116.335 states the following:

“1.  Unless, at the time a unit’s owner purchased his or her unit, the declaration prohibited the unit’s owner from renting or leasing his or her unit, the association may not prohibit the unit’s owner from renting or leasing his or her unit.

2.  Unless, at the time a unit’s owner purchased his or her unit, the declaration required the unit’s owner to secure or obtain any approval from the association in order to rent or lease his or her unit, an association may not require the unit’s owner to secure or obtain any approval from the association in order to rent or lease his or her unit.

3.  If a declaration contains a provision establishing a maximum number or percentage of units in the common-interest community which may be rented or leased, that provision of the declaration may not be amended to decrease that maximum number or percentage of units in the common-interest community which may be rented or leased.

4.  If the governing documents of an association require a unit’s owner who leases or rents his or her unit, or the tenant of a unit’s owner, to register with the association or its agent or otherwise submit to the association or its agent information concerning the lease or rental agreement or the tenant, the association or its agent:

(a) Must conduct such activities in accordance with the governing documents;

(b) May not require the unit’s owner or tenant of the unit’s owner to provide information which the association or its agent does not require to be provided to the association or its agent by a unit’s owner who occupies his or her unit, except that the association or its agent may require the unit’s owner to provide a copy of the lease or rental agreement; and

(c) May not charge a fee to the unit’s owner for the registration or submission of information.

5.  The provisions of this section do not prohibit an association from enforcing any provisions which govern the renting or leasing of units and which are contained in this chapter or in any other applicable federal, state or local laws or regulations.

6.  Notwithstanding any other provision of law or the declaration to the contrary:

(a) If a unit’s owner is prohibited from renting or leasing a unit because the maximum number or percentage of units which may be rented or leased in the common-interest community have already been rented or leased, the unit’s owner may seek a waiver of the prohibition from the executive board based upon a showing of economic hardship, and the executive board may grant such a waiver and approve the renting or leasing of the unit.

(b) If the declaration contains a provision establishing a maximum number or percentage of units in the common-interest community which may be rented or leased, in determining the maximum number or percentage of units in the common-interest community which may be rented or leased, the number of units owned by the declarant must not be counted or considered.”