COLUMN: Barbara Holland

Q. I bought a condominium in 1995. At the time, owners were allowed pets, renters were not. In 2000, the board revised the rules to limit the number of pets to one per household regardless of whether or not the resident is an owner or renter.

This year the board modified the rules to state that the one pet cannot be larger than 50 pounds. I have had two golden retrievers since 1998. They are both over 50 pounds. Am I required to put them on a starvation diet to keep them, or to give one away?

A. If this matter were to be decided in court, the association may lose the case. The governing documents at the time that you purchased your home did not have these restrictions.

Rules and regulations are to be consistent with your governing documents. Covenants take precedence over rules and regulations. If the board passed this rule when the covenants had no restriction other than the prohibition of renters having pets, then the rules that regulate pets are more restrictive than the covenants.

Again, if this case were arbitrated, the board may lose unless the changes made were amendments to the covenants, which would require homeowner approval.

Q. Can an association have or form a corporation?

A. Associations in general are formed as corporations. Under Nevada law, corporations provide additional protection for the directors from being personally sued.

You should contact legal counsel to assist the association if you want to form a corporation. The attorney will prepare the articles of incorporation, the list of officers, the resident agent for the corporation, and the bylaws (usually the bylaws of the association).

Each year, you will receive a form from the secretary of state's office to update the officers of the corporation and pay an annual fee to keep the corporation in good standing.

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.

Real Estate home