NRS 116.31065 sets the ground rules for rules. A rule adopted by the board must:
- Be reasonably related to the purpose for which it’s adopted.
- Be sufficiently explicit in its prohibition, direction or limitation to inform an owner of what is required.
- Not be inconsistent with the declaration (CC&Rs), bylaws, or state law.
- Be adopted at a meeting of the board for which owners received proper notice, and be provided to owners.
- Be applied uniformly.
Why this matters right now
The Sept 1 Schedule of Fines uses categories such as “nuisance,” “unsightly,” and “business operations.” Whether those are sufficiently explicit is the central legal question. A rule an owner can’t understand in advance is not a rule the board can enforce.
What to ask
- “At which noticed meeting was this rule adopted, and where are the minutes?”
- “What is the definition of [term] the board will apply?”