A.B. 322
- *AB322*
ASSEMBLY BILL NO. 322–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON EDUCATION)
FEBRUARY 27, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Provides that the association of a common-interest
community may not prohibit a unit’s owner or tenant
of a unit’s owner from operating a small child care
establishment within a unit. (BDR 10-528)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to common-interest communities; providing that
the association of a common-interest community may not
prohibit a unit’s owner or tenant of a unit’s owner from
operating a small child care establishment within a unit;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes the association of a common-interest community to 1
adopt rules and regulations governing the common-interest community. (NRS 2
116.3102) Existing law defines a small child care establishment as an establishment 3
that furnishes care to not more than four children under 18 years of age who are not 4
related to the operator of the establishment within the fourth degree of 5
consanguinity or affinity: (1) for monetary compensation; (2) outside the home and 6
the presence of the parents or guardians of any of the children; and (3) for at least 6 7
hours each day, at least 4 days each week and more than 3 consecutive weeks. 8
(NRS 432A.0295) 9
This bill provides that an association may not prohibit a unit’s owner or a 10
tenant of a unit’s owner from operating a small child care establishment within a 11
unit. This bill also authorizes an association to adopt rules and regulations which 12
are consistent with any applicable laws or ordinances relating to the operation of a 13
small child care establishment and which establish reasonable restrictions regarding 14
the operation of a small child care establishment within a unit including, without 15
limitation, a requirement that a small child care establishment must be registered in 16
accordance with the applicable provisions of chapter 432A of NRS. 17
– 2 –
- *AB322*
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 116 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. Except as otherwise provided in subsection 2, an 3
association shall not and the governing documents must not 4
prohibit a unit’s owner or a tenant of a unit’s owner from 5
operating a small child care establishment within a unit. 6
2. An association may adopt rules and regulations which are 7
consistent with any applicable laws or ordinances relating to the 8
operation of a small child care establishment and which establish 9
reasonable restrictions regarding the operation of a small child 10
care establishment within a unit including, without limitation, a 11
requirement that a small child care establishment must be 12
registered in accordance with the applicable provisions of chapter 13
432A of NRS. 14
3. As used in this section, “small child care establishment” 15
has the meaning ascribed to it in NRS 432A.0295. 16
Sec. 2. This act becomes effective upon passage and approval. 17
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