Nevada Statewide Rule
Nevada HOA Limits: Solar, Flags, Political Signs & Xeriscape
Key Facts
- Solar
- NRS 278.0208: anti-solar CC&Rs void & unenforceable
- U.S. flag
- NRS 116.320: display cannot be prohibited
- Political signs
- NRS 116.325: protected, max 24" x 36"
- Drought landscaping
- NRS 116.330: xeriscape cannot be prohibited
- Effect
- Conflicting HOA rules are unenforceable
Summary
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).
2. Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably restricting the owner of the property from using a system for obtaining solar energy on his or her property is void and unenforceable.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Can a Nevada HOA stop me from installing solar panels?
Can a Nevada HOA ban political signs or the U.S. flag?
Can a Nevada HOA require a grass lawn instead of xeriscape?
Sources
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