NRS 116.318
Right of units� owners to keep pet.
No plain-English summary yet for this section. Read the statutory text below or open the official source.
Statutory text
����� 1. Except as otherwise provided in
subsections 2, 3 and 4, the executive board of an association shall not and the
governing documents of that association must not prohibit a unit�s owner from
keeping at least one pet within such physical portion of the common-interest
community as that owner has a right to occupy and use exclusively.
����� 2. This section does not preclude an
association from adopting, and does not preclude the governing documents of the
association from setting forth, reasonable restrictions on the ownership of
pets by a unit�s owner. For the purpose of this subsection, it is presumed that
a restriction on the ownership of a dangerous or vicious dog as defined in NRS 202.500 is a reasonable restriction on
pet ownership.
����� 3. If an association adopts a new
provision or amends an existing provision of a governing document to restrict
the number of pets kept by a unit�s owner, the provision must not prohibit a
unit�s owner from continuing to keep his or her pet within such physical
portion of the common-interest community as that owner has a right to occupy
and use exclusively, if the pet otherwise conformed to the previous provisions
of the governing documents.
����� 4. The original declaration may prohibit a
unit�s owner from keeping at least one pet within such physical portion of the
common-interest community as that owner has a right to occupy and use
exclusively. A declaration may not be amended to include such a prohibition.
����� 5. Nothing in this section shall be
construed to affect:
����� (a) The validity and enforceability of a
provision in a governing document prohibiting a unit�s owner from keeping at
least one pet within such physical portion of the common-interest community as
that owner has a right to occupy and use exclusively, if such a prohibition was
effective on or before October 1, 2019.
����� (b) Any other right provided by law to a unit�s
owner concerning his or her right to keep a pet within such physical portion of
the common-interest community as that owner has a right to occupy and use
exclusively.
����� 6. For purposes of this section:
����� (a) �Governing documents� means:
������������
The articles of incorporation,
articles of association, articles of organization, certificate of registration,
certificate of limited partnership, certificate of trust or other documents
that are used to organize the association for the common-interest community;
������������
The bylaws and rules of the
association; and
������������
Any other documents that govern the
operation of the common-interest community or the association.
����� (b) �Pet� means any domesticated bird, cat, dog
or aquatic animal kept within an aquarium or other animal as agreed upon by the
association and the unit�s owner.
Synced from the Florida Legislature’s official site. Verify the current version before citing.