NRS 116.330: Right of units� owners to install or maintain drought tolerant
landscaping; conditions and limitations on exercise of right; installation of
drought tolerant landscaping within common elements. · HOA Stories
Nevada law · Common-Interest Communities
NRS 116.330
Right of units� owners to install or maintain drought tolerant
landscaping; conditions and limitations on exercise of right; installation of
drought tolerant landscaping within common elements.
Covered in 1 owner guide
What this section does for you
Protects an owner's right to install or maintain drought-tolerant landscaping, subject to reasonable conditions.
Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.
����� 1. The executive board shall not and the
governing documents must not prohibit a unit�s owner from installing or
maintaining drought tolerant landscaping within such physical portion of the
common-interest community as that owner has a right to occupy and use
exclusively, including, without limitation, the front yard or back yard of the
unit�s owner, except that:
����� (a) Before installing drought tolerant landscaping,
the unit�s owner must submit a detailed description or plans for the drought
tolerant landscaping for architectural review and approval in accordance with
the procedures, if any, set forth in the governing documents of the
association; and
����� (b) The drought tolerant landscaping must be
selected or designed to the maximum extent practicable to be compatible with
the style of the common-interest community.
� The
provisions of this subsection must be construed liberally in favor of
effectuating the purpose of encouraging the use of drought tolerant
landscaping, and the executive board shall not and the governing documents must
not unreasonably deny or withhold approval for the installation of drought
tolerant landscaping or unreasonably determine that the drought tolerant
landscaping is not compatible with the style of the common-interest community.
����� 2. Installation of drought tolerant
landscaping within any common element or conversion of traditional landscaping
or cultivated vegetation, such as turf grass, to drought tolerant landscaping
within any common element shall not be deemed to be a change of use of the
common element unless:
����� (a) The common element has been designated as a
park, open play space or golf course on a recorded plat map; or
����� (b) The traditional landscaping or cultivated
vegetation is required by a governing body under the terms of any applicable
zoning ordinance, permit or approval or as a condition of approval of any final
subdivision map.
����� 3. As used in this section, �drought
tolerant landscaping� means landscaping which conserves water, protects the
environment and is adaptable to local conditions. The term includes, without
limitation, the use of mulches such as decorative rock and artificial turf.