COLUMN: Barbara Holland

Q. We have problems with our association. We received a bill stating we are in arrears for $98. We pay all of our bills online. We were charged $50 for not responding to two notices that we did not receive due to the mail being sent to the wrong address.

How can we best handle this problem as phone calls have been ignored? We have requested a running account, but they say a new billing system is in place. Where do we go now?

A. You have a right to see a copy of your account. Even if the new billing system is not quite in place, a management company could probably re-create the information manually, although it may take some time. If the management company still ignores your request, contact the Real Estate Division.

Q. I live in a small association. At the last board meeting, they voted to increase our monthly dues. This was done without notice on the agenda.

Also, the minutes show our board never prepared, adopted or presented a budget to the homeowners for 2003. Do you have any suggestions on what should be done to correct this problem?

A. If what you say is true, the board did not have the authority to increase your monthly assessments. First, the increase in dues must be noticed to the homeowners on a board or homeowner meeting agenda. Also, state law requires that a board present a budget, or summary of one, to the owners before voting on that budget.

You can ask the Ombudsman's Office at the Real Estate Division to become involved. The ombudsman can persuade the board to reconsider its policy and follow state law.

You could also approach the board at the next meeting during the homeowner forum. If that fails, you can contact an attorney to write a letter to the board informing it that its action was not legal.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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