NRS116.350. Limitations regarding regulation of certain roads, streets, alleys or other thoroughfares; permissible regulation of parking or storage of certain vehicles.

      1.  In a common-interest community which is not gated or enclosed and the access to which is not restricted or controlled by a person or device, the executive board shall not and the governing documents must not provide for the regulation of any road, street, alley or other thoroughfare the right-of-way of which is accepted by the State or a local government for dedication as a road, street, alley or other thoroughfare for public use.

      2.  Except as otherwise provided in subsection 3, the provisions of subsection 1 do not preclude an association from adopting, and do not preclude the governing documents of an association from setting forth, rules that reasonably restrict the parking or storage of recreational vehicles, watercraft, trailers or commercial vehicles in the common-interest community to the extent authorized by law.

      3.  In any common-interest community, the executive board shall not and the governing documents must not prohibit a person from:

      (a) Parking a utility service vehicle that has a gross vehicle weight rating of 20,000 pounds or less:

             (1) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of the unit of a subscriber or consumer, while the person is engaged in any activity relating to the delivery of public utility services to subscribers or consumers; or

             (2) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of his or her unit, if the person is:

                   (I) A unit’s owner or a tenant of a unit’s owner; and

                   (II) Bringing the vehicle to his or her unit pursuant to his or her employment with the entity which owns the vehicle for the purpose of responding to emergency requests for public utility services; or

      (b) Parking a law enforcement vehicle or emergency services vehicle:

             (1) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of the unit of a person to whom law enforcement or emergency services are being provided, while the person is engaged in his or her official duties; or

             (2) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of his or her unit, if the person is:

                   (I) A unit’s owner or a tenant of a unit’s owner; and

                   (II) Bringing the vehicle to his or her unit pursuant to his or her employment with the entity which owns the vehicle for the purpose of responding to requests for law enforcement services or emergency services.

      4.  An association may require that a person parking a utility service vehicle, law enforcement vehicle or emergency services vehicle as set forth in subsection 3 provide written confirmation from his or her employer that the person is qualified to park his or her vehicle in the manner set forth in subsection 3.

      5.  As used in this section:

      (a) “Emergency services vehicle” means a vehicle:

             (1) Owned by any governmental agency or political subdivision of this State; and

             (2) Identified by the entity which owns the vehicle as a vehicle used to provide emergency services.

      (b) “Law enforcement vehicle” means a vehicle:

             (1) Owned by any governmental agency or political subdivision of this State; and

             (2) Identified by the entity which owns the vehicle as a vehicle used to provide law enforcement services.

      (c) “Utility service vehicle” means any motor vehicle:

             (1) Used in the furtherance of repairing, maintaining or operating any structure or any other physical facility necessary for the delivery of public utility services, including, without limitation, the furnishing of electricity, gas, water, sanitary sewer, telephone, cable or community antenna service; and

             (2) Except for any emergency use, operated primarily within the service area of a utility’s subscribers or consumers, without regard to whether the motor vehicle is owned, leased or rented by the utility.

      (Added to NRS by 2005, 2585; A 2009, 974)