NRS
116.2105 Contents of declaration.
1. The declaration must contain:
(a) The names of the common-interest community
and the association and a statement that the common-interest community is
either a condominium, cooperative or planned community;
(b) The name of every county in which any part of
the common-interest community is situated;
(c) A legally sufficient description of the real
estate included in the common-interest community;
(d) A statement of the maximum number of units
that the declarant reserves the right to create;
(e) In a condominium or planned community, a
description of the boundaries of each unit created by the declaration,
including the unit’s identifying number or, in a cooperative, a description,
which may be by plats, of each unit created by the declaration, including the
unit’s identifying number, its size or number of rooms, and its location within
a building if it is within a building containing more than one unit;
(f) A description of any limited common elements,
other than those specified in subsections 2 and 4 of NRS 116.2102, as provided in paragraph (g)
of subsection 2 of NRS 116.2109 and, in
a planned community, any real estate that is or must become common elements;
(g) A description of any real estate, except real
estate subject to developmental rights, that may be allocated subsequently as
limited common elements, other than limited common elements specified in
subsections 2 and 4 of NRS 116.2102,
together with a statement that they may be so allocated;
(h) A description of any developmental rights and
other special declarant’s rights reserved by the declarant, together with a
legally sufficient description of the real estate to which each of those rights
applies, and a time limit within which each of those rights must be exercised;
(i) If any developmental right may be exercised
with respect to different parcels of real estate at different times, a
statement to that effect together with:
(1) Either a statement fixing the
boundaries of those portions and regulating the order in which those portions
may be subjected to the exercise of each developmental right or a statement
that no assurances are made in those regards; and
(2) A statement whether, if any
developmental right is exercised in any portion of the real estate subject to
that developmental right, that developmental right must be exercised in all or
in any other portion of the remainder of that real estate;
(j) Any other conditions or limitations under
which the rights described in paragraph (h) may be exercised or will lapse;
(k) An allocation to each unit of the allocated
interests in the manner described in NRS
116.2107;
(l) Any restrictions:
(1) On use, occupancy and alienation of
the units; and
(2) On the amount for which a unit may be
sold or on the amount that may be received by a unit’s owner on sale,
condemnation or casualty to the unit or to the common-interest community, or on
termination of the common-interest community;
(m) The file number and book or other information
for recorded easements and licenses appurtenant to or included in the
common-interest community or to which any portion of the common-interest
community is or may become subject by virtue of a reservation in the
declaration; and
(n) All matters required by NRS 116.2106 to 116.2109, inclusive, 116.2115, 116.2116 and 116.31032.
2. The declaration may contain any other
matters the declarant considers appropriate.
(Added to NRS by 1991,
544; A 1993,
2357; 2009,
1611; 2011,
2421)
Notes of Decisions
U.S. Home Corp. v. Michael Ballesteros Trust, 415 P.3d 32 (Nev. 2018).
· cites it 3× “2101 permits the creation of a common-interest community "by recording a declaration executed in the same manner as a deed and, in a cooperative, by conveying the real estate subject to that declaration to the association.”
U.S. Home Corp. v. Michael Ballesteros Trust, 2018 NV 25 (Nev. 2018).
· cites it 4× “" A declaration must contain a number of required statements, NRS 116.2105(1), and "may contain any other matters the declarant considers appropriate.”
Artemis Expl. Co. Vs. Ruby Lake Estates Hoa, 449 P.3d 1256 (Nev. 2019).
· cites it 4× “SUPREME COURT OF NEVADA 9 (0) 1A7A • 11111=11111 Our conclusion is reinforced by NRS 116.2105, which provides an extensive list of information a declaration must contain but, conspicuously, does not require a declaration to expressly explain that unit owners may be subject to…”
U.S. Home Corp. v. Michael Ballesteros Trust, 2018 NV 25 (Nev. 2018).
· cites it 4× “" A declaration must contain a number of required statements, NRS 116.2105(1), and "may contain any other matters the declarant considers appropriate.”
Regent at Town Ctr. Homeowners' Ass'n. v. Oxbow Constr., LLC C/W 70296, No. 69777 (Nev. May 24, 2018).
“2012) (holding that an arbitration clause in CC&Rs was binding on the homeowners' association, even though the association did not exist as an independent entity when the CC&Rs were drafted and recorded); see also NRS 116.2105(2) ("The declaration may contain any other matters…”
Regent at Town Ctr. Homeowners' Ass'n. v. Oxbow Constr., LLC C/W 70296, No. 69777 (Nev. May 24, 2018).
“2012) (holding that an arbitration clause in CC&Rs was binding on the homeowners' association, even though the association did not exist as an independent entity when the CC&Rs were drafted and recorded); see also NRS 116.2105(2) ("The declaration may contain any other matters…”
Nev. Rev. Stat. § 116.2105(1): 3 cases
U.S. Home Corp. v. Michael Ballesteros Trust, 415 P.3d 32 (Nev. 2018).
“2101 permits the creation of a common-interest community "by recording a declaration executed in the same manner as a deed and, in a cooperative, by conveying the real estate subject to that declaration to the association.”
U.S. Home Corp. v. Michael Ballesteros Trust, 2018 NV 25 (Nev. 2018).
“" A declaration must contain a number of required statements, NRS 116.2105(1), and "may contain any other matters the declarant considers appropriate.”
U.S. Home Corp. v. Michael Ballesteros Trust, 2018 NV 25 (Nev. 2018).
“" A declaration must contain a number of required statements, NRS 116.2105(1), and "may contain any other matters the declarant considers appropriate.”
Nev. Rev. Stat. § 116.2105(2): 5 cases
U.S. Home Corp. v. Michael Ballesteros Trust, 415 P.3d 32 (Nev. 2018).
“2101 permits the creation of a common-interest community "by recording a declaration executed in the same manner as a deed and, in a cooperative, by conveying the real estate subject to that declaration to the association.”
U.S. Home Corp. v. Michael Ballesteros Trust, 2018 NV 25 (Nev. 2018).
“" A declaration must contain a number of required statements, NRS 116.2105(1), and "may contain any other matters the declarant considers appropriate.”
U.S. Home Corp. v. Michael Ballesteros Trust, 2018 NV 25 (Nev. 2018).
“" A declaration must contain a number of required statements, NRS 116.2105(1), and "may contain any other matters the declarant considers appropriate.”
Regent at Town Ctr. Homeowners' Ass'n. v. Oxbow Constr., LLC C/W 70296, No. 69777 (Nev. May 24, 2018).
“2012) (holding that an arbitration clause in CC&Rs was binding on the homeowners' association, even though the association did not exist as an independent entity when the CC&Rs were drafted and recorded); see also NRS 116.2105(2) ("The declaration may contain any other matters…”
Regent at Town Ctr. Homeowners' Ass'n. v. Oxbow Constr., LLC C/W 70296, No. 69777 (Nev. May 24, 2018).
“2012) (holding that an arbitration clause in CC&Rs was binding on the homeowners' association, even though the association did not exist as an independent entity when the CC&Rs were drafted and recorded); see also NRS 116.2105(2) ("The declaration may contain any other matters…”
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