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AB 322

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)

2025 Regular Session

HOAs cannot ban in-unit small child care establishments, but may enforce reasonable, law-aligned rules (safety, registration, hours, nuisance) for such businesses.

(Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.)
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Bill Summary · AB 322

AB 322 — Summary

Status: Introduced Jan 24, 2025. Current status: Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.
Sponsor/Authoring body (as introduced): Assembly Bill No. 322 — Committee on Judiciary (on behalf of the Joint Interim Standing Committee on Education).

Purpose / Intent

AB 322 prohibits homeowners associations (associations of common‑interest communities governed by NRS Chapter 116) from banning a unit owner or a tenant of a unit owner from operating a “small child care establishment” inside a unit. The bill is intended to preserve opportunities for small in‑unit child care businesses while allowing associations to adopt reasonable, law‑consistent rules governing their operation.

Key provisions

  • Adds a new section to Chapter 116 (NRS) providing:
    • Associations and governing documents must not prohibit a unit owner or a tenant from operating a small child care establishment within a unit.
    • Associations may adopt rules and regulations that:
    • Are consistent with applicable laws and local ordinances that govern small child care establishments.
    • Establish reasonable restrictions on operation within a unit (examples in the bill include requiring registration in accordance with chapter 432A of NRS).
  • Defines “small child care establishment” by reference to NRS 432A.0295 (statutory definition), i.e., an establishment that:
    • Furnishes care to not more than four children under 18 who are not related to the operator within the fourth degree of consanguinity or affinity;
    • Operates for monetary compensation;
    • Operates outside the home/presence of parents for specified minimum hours (statutory thresholds apply—see NRS 432A.0295 for full definition).
  • Effective date: upon passage and approval.

Who is affected

  • Unit owners and tenants in common‑interest communities (condominiums, planned communities, etc.) — they may operate qualifying small child care establishments inside their units.
  • Associations (HOAs) — prohibited from imposing blanket bans but may adopt reasonable, legally consistent regulations (e.g., safety, registration, occupancy, hours, parking, signage, noise or nuisance controls) so long as they do not effectively prohibit operation.
  • Small child care providers working within units — must comply with applicable state licensing/registration and local ordinances (chapter 432A and related laws).

Fiscal and procedural notes

  • Fiscal note (as introduced): No effect on state or local government.
  • Legislative actions (selected): Introduced Jan 24, 2025; passed Assembly (4/21/2025, 62–0); referred to Senate committees with multiple referrals and committee actions through mid‑2025. Final recorded status on bill file: “Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.”
  • Practical effect if enacted: Associations cannot adopt or enforce covenant language that outright prohibits in‑unit small child care establishments, but may enforce narrow, reasonable rules that align with state/local child care law.

Compiled from official sources — confirm details with the bill’s official record.

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