NRS116.2116. Easement rights; validity of existing restrictions.

      1.  Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary to discharge the declarant’s obligations or exercise special declarant’s rights, whether arising under this chapter or reserved in the declaration.

      2.  Subject to paragraph (f) of subsection 1 of NRS 116.3102 and NRS 116.3112, the units’ owners have an easement in the common elements for purposes of access to their units.

      3.  Subject to the declaration and any rules adopted by the association, the units’ owners have a right to use the common elements that are not limited common elements and all real estate that must become common elements for the purposes for which they were intended.

      4.  Unless the terms of an easement in favor of an association prohibit a residential use of a servient estate, if the owner of the servient estate has obtained all necessary approvals required by law or any covenant, condition or restriction on the property, the owner may use such property in any manner authorized by law without obtaining any additional approval from the association. Nothing in this subsection authorizes an owner of a servient estate to impede the lawful and contractual use of the easement.

      5.  The provisions of subsection 4 do not abrogate any easement, restrictive covenant, decision of a court, agreement of a party or any contract, governing document or declaration of covenants, conditions and restrictions, or any other decision, rule or regulation that a local governing body or other entity that makes decisions concerning land use or planning is authorized to make or enact that exists before October 1, 1999, including, without limitation, a zoning ordinance, permit or approval process or any other requirement of a local government or other entity that makes decisions concerning land use or planning.

      (Added to NRS by 1991, 551; A 1999, 3355; 2011, 2424)