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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111468
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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CAN A HOMEOWNERS ASSOCIATION IN NEVADA DENY YOU FROM GETTING

Customer Question

CAN A HOMEOWNERS ASSOCIATION IN NEVADA DENY YOU FROM GETTING A LICENSE FOR A HIC HOME (RESIDENTIAL CARE FOR ONLY 2 PERSONS). EVEN THOUGH THIS REQUIRES A BUSINESS LICENSE I BELIEVE THERE IS SOME ACT THAT MAKES EXCEPTION FOR THIS IF YOU ARE A NURSE OR HAVE WORKED IN THE FIELD FOR 3 YEARS. THANK YOU IN ADVANCE. DONNA OLLINS
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The NV Common Interest Property Act does not provide such an exemption, which actually is provided for in the CA HOA laws. If you live in a common interest property in NV, the bylaws and covenants of the association govern the use of the property within the association and there is no exception in the NV Revised Statutes regarding exemptions for residential in home care facilities within the HOA.
In fact, see NRS 116.083, which states “Residential use” means use as a dwelling or for personal, family or household purposes by ordinary customers, whether rented to particular persons or not. Such uses include marina boat slips, piers, stable or agricultural stalls or pens, campground spaces or plots, parking spaces or garage spaces, storage spaces or lockers and garden plots for individual use, but do not include spaces or units primarily used to derive commercial income from, or provide service to, the public.
This statute is what would allow the HOA to deny such a use in their area.

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