Existing law sets forth certain requirements for the licensure and operation of child care facilities by the Division of Welfare and Supportive Services of the Department of Health and Human Services or the governing body of a county or an incorporated city. (NRS 432A.131-432A.220) Existing law authorizes the unit-owners' association of a common-interest community to adopt rules and regulations governing the common-interest community. (NRS 116.3102) Section 1 of this bill prohibits, with certain exceptions, the executive board and governing documents of a unit-owners' association from prohibiting the operation of a licensed child care facility by a unit's owner or tenant provided that the licensed child care facility provides care for at least 5 but not more than 12 children. Section 1 authorizes the executive board and governing documents to: (1) impose conditions or restrictions on a licensed child care facility that are consistent with the conditions and requirements to obtain a license for a child care facility; (2) limit the number of licensed child care facilities that may operate in the common-interest community; (3) require a unit's owner or tenant to file a notice of an application for licensure of a child care facility; or (4) require the licensed child care facility to add the unit-owners' association as an additional insured on the policy of insurance maintained by the child care facility. Section 1 further provides that these provisions apply, with certain exceptions, to a common-interest community, including, without limitation, a master association and any common-interest community that is subject to a master association. Additionally, section 1 provides that these provisions do not apply to a common-interest community that is housing for older persons or contains certain units that share an interior wall with another unit. Existing law sets forth various requirements for rental agreements between a landlord and tenant for the use and occupancy of a dwelling unit or premises. (Chapter 118A of NRS) Section 2 of this bill authorizes a tenant to operate a licensed child care facility that provides care for at least 5 but not more than 12 children unless otherwise prohibited by the terms of the rental agreement.

Statutes affected:
As Introduced: 278.010, 278.0235, 278.250, 432A.077, 432A.131
Reprint 1: 432A.077, 432A.131
BDR: 278.010, 278.0235, 278.250, 432A.077, 432A.131