1. The provisions of this chapter do not apply to a planned community in which all units are restricted exclusively to nonresidential use unless the declaration provides that this chapter or a part of this chapter does apply to that planned community pursuant to this section. 2. This chapter applies to a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted only if the declaration so provides or if the real estate comprising the units that may be used for residential purposes would be a planned community in the absence of the units that may not be used for residential purposes. 3. The declaration for the nonresidential planned community may provide that: (a) This entire chapter applies to the planned community; (b) Only the provisions of NRS 116.001 to 116.2124 , inclusive, and 116.3116 to 116.31168 , inclusive, apply to the planned community; or (c) Only the provisions of NRS 116.3116 to 116.31168 , inclusive, apply to the planned community. 4. If this entire chapter applies to a nonresidential planned community pursuant to subsection 3, the declaration may also require, subject to NRS 116.1112 , that: (a) Notwithstanding NRS 116.3105 , any management, maintenance operations or employment contract, lease of recreational or parking areas or facilities and any other contract or lease between the association and a declarant or an affiliate of a declarant continues in force after the declarant turns over control of the association; and (b) Notwithstanding NRS 116.1104 and subsection 3 of NRS 116.311 , purchasers of units must execute proxies, powers of attorney or similar devices in favor of the declarant regarding particular matters enumerated in those instruments.
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