AB 185 — Summary (2025)
Status: Vetoed by the Governor (June 5, 2025)
Introduced: January 8, 2025
Primary sponsor: Assemblymember Natha Anderson
Fiscal note: May have local fiscal impact; no state fiscal effect reported
Purpose / Intent
AB 185 was enacted to expand access to licensed home‑based child care by limiting the ability of common‑interest communities (HOAs, master associations and sub‑associations) to prohibit licensed family or group child care operated from a residential unit. The bill sought to remove a legal barrier that advocates say prevents prospective family child care (FCC) and group child care (GCC) providers from licensing and operating in neighborhoods.
Key provisions (final enrolled version)
- Prohibits the executive board and governing documents of most common‑interest communities from banning a unit owner or tenant from operating a licensed child care facility within the owner/tenant’s exclusive use area.
- Defines “licensed child care facility” for this statute as a facility licensed under Nevada’s child care licensing statute (NRS Chapter 432A) that provides care for at least 5 but not more than 12 children (i.e., family/group child care).
- Authorizes (but limits) association controls: the executive board/governing documents may
- impose conditions or restrictions consistent with state licensing requirements;
- limit the number of licensed child care facilities to either one facility or one per 200 units (whichever is greater);
- require owners/tenants to file notice with the executive board of an application for licensure; and
- require the facility to add the association as an additional insured on the facility’s liability policy up to the amount required by the licensing agency.
- Exemptions: the law does not apply to (a) housing for older persons (HOPA/55+ communities) and (b) units that share an interior wall with another unit (for example, condominiums and townhomes).
- Clarifies that owners/tenants operating licensed facilities remain subject to governing‑document provisions that apply to all residents (nuisance rules, use of common areas, parking, signage, traffic, etc.).
- Allows tenants to operate licensed child care in their dwelling unless expressly prohibited by the rental agreement.
Note on other provisions considered: earlier drafts included requirements addressing local zoning, State Board of Health licensing standards for facilities lacking private outdoor play space, and indoor play‑space equivalency for facilities in multifamily units. Many of those zoning and licensing provisions were subsequently removed in committee amendments and the enrolled bill.
Who would be affected
- Homeowners and tenants in common‑interest communities (HOAs, master associations, sub‑associations)
- Existing and prospective licensed family/group child care providers (FCC/GCC)
- Associations’ boards and property managers (new notice/insurance/limit requirements)
- Local governments (the bill originally contained, then removed, zoning-related sections)
- Insurers and association members (concerns were raised about liability and insurance availability)
Context, advocacy, and concerns
Supporters (Children’s Cabinet, Wonderschool, providers, business/employer groups) framed the bill as a tool to increase child care supply in Nevada—where data show large childcare deserts, high costs, and declining licensed family care slots. Opponents (Community Associations Institute, HOA leaders, some insurers and residents of age‑restricted communities) raised concerns about property‑rights, neighborhood impacts (noise, parking, common‑area use), liability and insurance market effects, and protection of 55+ community status.
Legislative timeline (selected)
- Passed Assembly: March 20, 2025 (Ayes 53, Noes 17)
- Amended in Senate (multiple reprints and committee amendments through May 2025)
- Passed Senate as amended: May 23, 2025 (Yeas 16, Nays 4)
- Enrolled and delivered to Governor: May 29, 2025
- Vetoed by Governor: June 5, 2025
If reenacted or reintroduced, future versions may again address the balance between expanding in‑home child care capacity and HOA/community concerns (liability, nuisance controls, age‑restricted communities, and multifamily settings).
