Section 10.5 of this bill declares that access to affordable housing is essential for the residents of this State and that accessory dwelling units are vital to increasing the supply of affordable housing. Section 1 of this bill requires each governing body of a county whose population is 100,000 or more (currently Clark and Washoe Counties) and each governing body of a city whose population is 60,000 or more (currently the Cities of Las Vegas, Henderson, North Las Vegas, Reno and Sparks) to adopt an ordinance that authorizes the development and use of an accessory dwelling unit on residential property. Section 1 provides that any such ordinance does not apply in a region in a county or city for which there has been created by interstate compact a regional planning agency and the regional plan adopted by the regional planning agency calls for the regulation of housing. Section 1 further limits provisions of the ordinance, including by prohibiting the ordinance from placing certain conditions on the approval of the accessory dwelling unit. Section 11 of this bill provides that: (1) if, before July 1, 2026, the governing body of a county whose population is 100,000 or more or the governing body of a city whose population is 60,000 or more has adopted an ordinance that is consistent with section 1, the governing body is not required to adopt another ordinance relating to accessory dwelling units pursuant to section 1; and (2) if the governing body of a county whose population is 100,000 or more or the governing body of a city whose population is 60,000 or more does not adopt an ordinance that is consistent with section 1 before July 1, 2026, accessory dwelling units are authorized on any parcel zoned for residential use without restriction. Existing law authorizes the governing body of a county or city to divide the county, city or region into zoning districts of such number, shape and area as are best suited to carry out certain purposes. Within a zoning district, the governing body is authorized to regulate and restrict the erection, reconstruction, alteration, repair or use of buildings, structures or land. (NRS 278.250) Section 4 of this bill creates an exception to account for the requirement that the governing body of certain counties and cities adopt an ordinance to allow the addition of an accessory dwelling unit pursuant to section 1. Existing law requires that an action or proceeding seeking judicial relief or review from or with respect to any final action, decision or order of any governing body of a county or city be commenced within 25 days after the date of filing of notice of the final action, decision or order with the clerk or secretary of the governing body. (NRS 278.0235) Section 3 of this bill applies these provisions to section 1. Section 2 of this bill makes a conforming change to apply the definitions of certain terms relating to planning and zoning to section 1. Existing law sets forth certain requirements for the amendment of a declaration of a common-interest community, including that every amendment to the declaration must, with certain exceptions, be indexed in the grantee's index in the name of the common-interest community and the association and in the grantor's index in the name of the parties executing the amendment. (NRS 116.2117) Section 5 of this bill eliminates the exception for an amendment for the relocation of boundaries between adjoining units. (NRS 116.2112) Section 5 also authorizes an association to amend a declaration to restrict the leasing of residential units to the extent that the restriction is reasonably designed to meet certain underwriting requirements. Existing law sets forth the requirements for terminating a common-interest community. (NRS 116.2118) Section 6 of this bill amends the voting requirements for terminating a common-interest community. Sections 7 and 8 of this bill revise provisions relating to prohibiting or restricting a unit owner from renting or leasing his or her unit. Existing law requires a unit's owner or his or her authorized agent, at the expense of the unit's owner, to furnish to a purchaser a resale package containing certain information. (NRS 116.4109) Section 9 of this bill requires that a resale package also contain proof of the insurance policies that an association is required to carry. Existing law authorizes, under certain circumstances, the Commission for Common-Interest Communities and Condominium Hotels to impose an administrative fine of not more than $1,000 for certain violations. (NRS 116.785) Section 10 of this bill increases the administrative fine to not more than $5,000.

Statutes affected:
As Introduced: 278.010, 278.0235, 278.250, 116.2117, 116.2118, 116.31065, 116.335, 116.4109, 116.785
Reprint 1: 278.010, 278.0235, 278.250, 116.2117, 116.2118, 116.31065, 116.335, 116.4109, 116.785
Reprint 2: 278.010, 278.0235, 278.250, 116.2117, 116.2118, 116.31065, 116.335, 116.4109, 116.785
As Enrolled: 278.010, 278.0235, 278.250, 116.2117, 116.2118, 116.31065, 116.335, 116.4109, 116.785
BDR: 278.010, 278.0235, 278.250, 116.2117, 116.2118, 116.31065, 116.335, 116.4109, 116.785