Nevada law overrides HOA restrictions in several areas: NRS 278.0208 voids CC&Rs that prohibit or unreasonably restrict solar energy systems, NRS 116.320 protects display of the U.S. flag, NRS 116.325 protects political signs, and NRS 116.330 guarantees owners the right to install drought-tolerant landscaping (xeriscape).
NRS 278.0208 makes any 'covenant, restriction or condition' that prohibits or unreasonably restricts a solar energy system 'void and unenforceable,' treating a restriction that cuts efficiency by more than 10% (without a comparable alternative) as unreasonable. NRS 116.320 says the board and governing documents 'must not prohibit a unit's owner from engaging in the display of the flag of the United States' within exclusive-use areas. NRS 116.325 protects political signs, which 'must not be larger than 24 inches by 36 inches,' allowing one sign per candidate, party or ballot question. NRS 116.330 provides that the board 'shall not and the governing documents must not prohibit a unit's owner from installing or maintaining drought tolerant landscaping,' subject only to reasonable architectural review.
An HOA rule or CC&R that bans protected solar systems, U.S. flags, conforming political signs, or xeriscape is void and unenforceable; the owner may pursue the dispute through mediation/arbitration and the state CIC Commission rather than face a valid fine.
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