Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 185–Assemblymember Anderson
CHAPTER..........
AN ACT relating to child care; prohibiting the unit -owners’
association of certain common-interest communities from
prohibiting the operation of certain licensed child care
facilities; authorizing, with certain exceptions, a tenant to
operate a certain licensed child care facility ; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth certain requirements for the licensure and operation of
child care facilities by the Division of Welfare and Supportive Services of the
Department of Health and Human Services or the governing body of a county or an
incorporated cit y. (NRS 432A.131 -432A.220) Existing law authorizes the unit -
owners’ association of a common-interest community to adopt rules and regulations
governing the common -interest community. (NRS 116.3102) Section 1 of this bill
prohibits, with certain exceptions, the executive board and governing documents of
a unit-owners’ association from prohibiting the operation of a licensed child care
facility by a unit’s owner or tenant provided that the licensed child care facility
provides care for at least 5 but not more than 12 children. Section 1 authorizes the
executive board and governing documents to : (1) impose conditions or restrictions
on a licensed child care facility that are consistent with the conditions and
requirements to obtain a license for a child care fa cility; (2) limit the number of
licensed child care facilities that may operate in the common -interest community;
(3) require a unit’s owner or tenant to file a notice of an application for licensure of
a child care facility; or (4) require the licensed ch ild care facility to add the unit-
owners’ association as an additional insured on the policy of insurance maintained
by the child care facility. Section 1 further provides that these provisions apply ,
with certain exceptions, to a common -interest community , including, without
limitation, a master association and any common-interest community that is subject
to a master association. Additionally, section 1 provides that these provisions do
not apply to a common -interest community that is housing for older pe rsons or
contains certain units that share an interior wall with another unit.
Existing law sets forth various requirements for rental agreements between a
landlord and tenant for the use and occupancy of a dwelling unit or premises.
(Chapter 118A of NRS ) Section 2 of this bill authorizes a tenant to operate a
licensed child care facility that provides care for at least 5 but not more than 12
children unless otherwise prohibited by the terms of the rental agreement.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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
thereto a new section to read as follows:
1. Except as otherwise provided in this section, the executive
board shall not and the governing documents must not prohibit a
– 2 –
- 83rd Session (2025)
unit’s owner or tenant from operating a licensed child care facility
within such physical portion of the common-interest community as
that owner or tenant has a right to occupy and use exclusively.
2. The executive board and the governing documents may:
(a) Impose conditions or restrictions on a licensed child care
facility that are consistent with the requirements to obtain a
license for a child care facility pursuant to chapter 432A of NRS;
(b) Limit the number of licensed child care facilities in the
common-interest community to one licensed child care facility or
one licensed child care facility per 200 units, whichever is greater;
(c) Require a unit’s owner or tenant to file a notice with the
executive board or a designee of the executive board of an
application for licensure of a child care facility; or
(d) Require the licensed child care facility to add the unit-
owners’ association as an additional insured in an insurance
policy held by the licensed child care facility in an amount not to
exceed the amount required by the licensing agency for the
childcare facility.
3. Except as otherwise provided in subsection 4, the
provisions of this section apply to a common-interest community,
including, without limitation, a master association and any
common-interest community that is subject to a master
association.
4. The provisions of this section do not apply to a common-
interest community that:
(a) Is housing for older persons; or
(b) Contains units that share an interior wall with another
unit, including, without limitation, a condominium or townhouse.
5. Nothing in this section shall be construed to exempt a
unit’s owner or tenant from compliance with any provision in the
governing documents that apply to each unit’s owner or tenant ,
including, without limitation, any provisions governing nuisances,
use of common-areas, parking, signage and traffic.
6. As used in this section:
(a) “Housing for older persons” has the meaning ascribed to it
in 42 U.S.C. § 3607.
(b) “Licensed child care facility” means a child care facility
licensed pursuant to chapter 432A of NRS that provides care for at
least 5 but not more than 12 children.
– 3 –
- 83rd Session (2025)
Sec. 2. Chapter 118A of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Unless otherwise prohibited by the terms of the rental
agreement, a tenant may operate a licensed child care facility in
the dwelling unit of the tenant.
2. As used in this section, “licensed child care facility” means
a child care facility licensed pursuant to chapter 432A of NRS that
provides care for at least 5 but not more than 12 children.
Secs. 3-8. (Deleted by amendment.)
20 ~~~~~ 25