NRS 116.334
Adoption of rules and regulations by association related to installation of distributed generation system; conditions and limitations.
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Statutory text
����� 1. An association whose governing
documents authorize the association to impose restrictions on architectural
improvements may adopt rules and regulations governing the installation of
distributed generation systems that comply with the provisions of this section.
����� 2. If an association adopts rules and
regulations governing the installation of distributed generation systems
pursuant to subsection 1, the rules and regulations must:
����� (a) Not conflict with the provisions of the
National Electric Code, any local ordinance or any state law or regulation. The
provisions of the rules and regulations do not apply to the extent of any such
conflict.
����� (b) Require the solar installation company that
will install the distributed generation system to be properly licensed.
����� (c) Not require a unit�s owner to comply with any
provision of the rules and regulations adopted pursuant to paragraphs (a) and
(b) of subsection 3 if the costs of complying with the provision exceeds 3
percent of the cash cost of the installation of the distributed generation
system. A unit�s owner may demonstrate that the costs of complying with the
provision exceed 3 percent of the cash cost of the installation of the
distributed generation system by delivering to the association a written
estimate that:
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Is prepared by a solar installation
company that is properly licensed pursuant to chapter
624 of NRS and is not affiliated with either the unit�s owner or the
association;
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Is dated not more than 60 days before
delivery of the written estimate to the association;
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Itemizes all costs of complying with
the provision, including, without limitation, labor, materials, professional
fees, permit fees, inspection fees, financing charges and the costs of change
orders; and
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Shows that the costs of complying with
the provision exceed 3 percent of the contract price for the installation of
the distributed generation system.
����� 3. Except as otherwise provided in
paragraphs (a) and (c) of subsection 2, in addition to the requirements set
forth in subsection 2, if an association adopts rules and regulations governing
the installation of a distributed generation system pursuant to subsection 1,
the rules and regulations may require a unit�s owner to:
����� (a) Install the solar panels of the distributed
generation system in a manner so that they do not face a street, so long as
complying with this requirement does not result in a decrease in the production
of the distributed generation system of more than 10 percent, as determined
using the PVWatts Calculator maintained by the National Renewable Energy
Laboratory of the United States Department of Energy.
����� (b) Paint all conduits of the distributed
generation system to match the exterior of the unit to which the system is
affixed.
����� (c) Store all batteries for the distributed
generation system in a garage.
����� (d) Place all inverters of the distributed
generation system outside of any street and reasonably out of view of other
unit�s owners.
����� (e) If the distributed generation system will be
installed on a roof or other exterior portion of a unit for which the
association is responsible for the maintenance, repair or replacement, enter
into an agreement with the association setting forth the respective rights and
obligations of the unit�s owner and the association with respect to the distributed
generation system. The association may require the agreement to be recorded and
to include provisions in the agreement which:
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Provide that the unit�s owner is
solely responsible for any damage caused to the roof or exterior portion that
is caused by the installation, maintenance, repair or replacement of the
distributed generation system.
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Require the unit�s owner, at his or
her expense, to remove the distributed generation system from the roof or
exterior portion if the association determines such action to be necessary for
the maintenance, repair or replacement of the roof or exterior portion.
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Authorize the association to cause the
distributed generation system to be removed from the roof or exterior portion
if, after reasonable notice has been provided to the unit�s owner, the unit�s
owner fails to remove the distributed generation system as required pursuant to
subparagraph
and assess the costs of the removal, relocation, storage and
replacement against the unit�s owner.
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Require the unit�s owner to install the
distributed generation system in accordance with the terms of the request
submitted by the unit�s owner to the association and approved by the
association.
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Require the unit�s owner to maintain a
policy of insurance that names the association as an additional insured and
provides coverage for any losses or damages caused by the installation,
maintenance, repair or replacement of the distributed generation system.
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Require the unit�s owner to indemnify
the association and its agents from any and all liability, claims, damages and
costs, including, without limitation, attorney�s fees, resulting from the
installation, maintenance, repair or replacement of the distributed generation
system.
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Provide the association the right to
inspect the condition of the distributed generation system.
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Require the unit�s owner to disclose
to potential purchasers of the unit all rights and responsibilities concerning
the distributed generation system.
����� 4. An association may not:
����� (a) Unreasonably restrict, prohibit or withhold
approval for a unit�s owner to install any type of physical barrier around the
distributed generation system to deter the intrusion of animals or to hide
components of the system for aesthetic purposes; or
����� (b) Except as otherwise provided in this
paragraph, require the installation of a particular type of physical barrier
described in paragraph (a). The association may require such a physical barrier
to be a particular color if the color is commercially available as a stock
item, rather than an item requiring specialization or customization. If the
color is not so available, the association may require the physical barrier to
be black or a color complementary to the solar panels or racking system of the
distributed generation system.
����� 5. As used in this section, �distributed
generation system� has the meaning ascribed to it in NRS 598.9804 .
Synced from the Florida Legislature’s official site. Verify the current version before citing.
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Reference only. Not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (September 20, 2026).