Nev. Rev. Stat. § 116.1206

Provisions of governing documents in violation of chapter deemed to conform with chapter by operation of law; procedure for certain amendments to governing documents

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NRS 116.1206 Provisions of governing documents in violation of chapter deemed to conform with chapter by operation of law; procedure for certain amendments to governing documents.

1. Any provision contained in a declaration, bylaw or other governing document of a common-interest community that violates the provisions of this chapter:

(a) Shall be deemed to conform with those provisions by operation of law, and any such declaration, bylaw or other governing document is not required to be amended to conform to those provisions.

(b) Is superseded by the provisions of this chapter, regardless of whether the provision contained in the declaration, bylaw or other governing document became effective before the enactment of the provision of this chapter that is being violated.

2. In the case of amendments to the declaration, bylaws or plats of any common-interest community created before January 1, 1992:

(a) If the result accomplished by the amendment was permitted by law before January 1, 1992, the amendment may be made either in accordance with that law, in which case that law applies to that amendment, or it may be made under this chapter; and

(b) If the result accomplished by the amendment is permitted by this chapter, and was not permitted by law before January 1, 1992, the amendment may be made under this chapter.

3. An amendment to the declaration, bylaws or plats authorized by this section to be made under this chapter must be adopted in conformity with the applicable provisions of chapter 117 or 278A of NRS and, except as otherwise provided in subsection 8 of NRS 116.2117, with the procedures and requirements specified by those instruments. If an amendment grants to a person a right, power or privilege permitted by this chapter, any correlative obligation, liability or restriction in this chapter also applies to the person.

(Added to NRS by 1991, 543; A 1999, 2999; 2003, 2224; 2009, 1610, 2877; 2011, 2420)

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 2009–2021 · leading case: Boulder Oaks Community Ass'n v. B & J Andrews Enterprises, LLC

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Boulder Oaks Community Ass'n v. B & J Andrews Enterprises, LLC (2009) nev “See NRS 116.1206(1) (stating that “[a]ny provision contained in a declaration .”

HORIZONS AT SEVEN HILLS VS. IKON HOLDINGS (2016) nev · cites it 9× “Ikon counters that NRS 116.1206 supersedes the CC&Rs as to costs and fees, capping the superpriority lien to the amount allowed under NRS 116.”

HORIZONS AT SEVEN HILLS VS. IKON HOLDINGS (2016) nev · cites it 3× “Ikon counters that NRS 116.1206 supersedes the CC&Rs as to costs and fees, capping the superpriority lien to the amount allowed under NRS 116.”

Jpmorgan Chase Bank, N.A. v. 1209 Village Walk Trust, LLC (2018) nev · cites it 2× “1201(4) in 1999, the Legislature also amended NRS 116.1206, revising all existing common interest communities' governing documents, such as CC&Rs or bylaws, to comply with NRS Chapter 116.”

U.S. Bank National Association, As Trustee for Structured Asset Securities Corporation Mortgage Loan Trust 2007-BNC1, Mo (2021) nvd · cites it 2× “The Nevada Legislature also enacted NRS 116.1206(1): 18 Any provision contained in a declaration, bylaw or other governing document of 19 a common-interest community that violates the provisions of this chapter shall be deemed to conform with those provisions by operation of…”

Onewest Bank Fsb v. Holm Int'l Prop.'s, LLC (2018) nev “In particular, we conclude that: (1) NRS Chapter 117 did not apply to the property's foreclosure because the 1999 amendments to NRS 116.1206 revised all existing common-interest communities' governing documents to comply with NRS Chapter 116 such that the provisions of NRS…”

U.S. Bank Nat'L Ass'N Vs. Pawlik (2020) nev “5, at 2999 (amending NRS 116.1206 to provide that "[a]ny declaration, bylaw of other governing • document of a common-interest community created before January 1, 1992, that does not conform to the provisions of this chapter shall be deemed to conform with those provisione).”

Poshbaby Llc Vs. Elsinore Iii, Llc (2020) nev “1201(4) in 1999, the Legislature also amended NRS 116.1206, revising all existing common interest communities governing documents, such as CC&Rs or bylaws, to comply with NRS Chapter 116.”

U.S. Bank v. Diamond Creek Community Association (2021) nvd “3d 66 , 73 (2016) (finding that that NRS 116.1206(1) 14 negates the effect of the HOA’s CC&R because the provisions under the CC&R violate NRS 15 116.”

— Nev. Rev. Stat. § 116.1206(1) — 5 cases

Boulder Oaks Community Ass'n v. B & J Andrews Enterprises, LLC (2009) nev “See NRS 116.1206(1) (stating that “[a]ny provision contained in a declaration .”

HORIZONS AT SEVEN HILLS VS. IKON HOLDINGS (2016) nev “Ikon counters that NRS 116.1206 supersedes the CC&Rs as to costs and fees, capping the superpriority lien to the amount allowed under NRS 116.”

U.S. Bank National Association, As Trustee for Structured Asset Securities Corporation Mortgage Loan Trust 2007-BNC1, Mo (2021) nvd “The Nevada Legislature also enacted NRS 116.1206(1): 18 Any provision contained in a declaration, bylaw or other governing document of 19 a common-interest community that violates the provisions of this chapter shall be deemed to conform with those provisions by operation of…”

— Nev. Rev. Stat. § 116.1206(2)(b) — 1 case

Jpmorgan Chase Bank, N.A. v. 1209 Village Walk Trust, LLC (2018) nev “1201(4) in 1999, the Legislature also amended NRS 116.1206, revising all existing common interest communities' governing documents, such as CC&Rs or bylaws, to comply with NRS Chapter 116.”

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