Board sets standard for `clean lot'

Q. How can a board levy fines on people for not keeping their lots clean? I think there should be an attorney or a judge to decide who is fined, otherwise what's to stop an uneducated person from fining a neighbor because he doesn't think that his yard is clean enough? Our association has its share of busybodies.

A. The authority and power of a board of directors are the result of state laws, specifically NRS 116.3102.1.k. The board may impose charges after notice and an opportunity to be heard, and it can levy reasonable fines for violations of the association's declaration, bylaws, rules and regulations.

State law also requires a board to enforce these rules and regulations equally to avoid favoritism to any one homeowner. While it is true that some rules may be more subjective than others, such as what one considers a "clean lot," the board has the right to set standards that would apply to all lots.

If you believe that the standards are unrealistic, you as a homeowner have the right to comment at the board meeting during the homeowner forum. If you were fined for not having a clean lot and thought that the board did not properly apply these standards, or if you disagree with the board's assessment of your lot's condition, you have the opportunity to be heard at a hearing before being fined.

Regarding competent or incompetent directors, it is important for homeowners to elect the best possible representatives. In addition, management companies can assist directors who have limited knowledge of association management, laws and regulations.

Q. Our next-door neighbor is a renter whose dog barks constantly when outside. I politely informed our neighbor that we had a problem with this. He explained that the dog belonged to his daughter, and that if it is left in the house it destroys the carpet. He said that he would attempt to resolve the problem. Six weeks later, the dog is still barking.

My husband thinks that if I complain to the association or animal control that our neighbor may retaliate against us. What can I do without involving the association or animal control?

A. There are ordinances that regulate animals, including constant barking. Since you want to avoid contacting the association and animal control, you should contact a store with pet supplies. There are a number of items that can be purchased that may help stop the dog from barking. Hopefully, your neighbor will be cooperative with these efforts.

If this does not work, you have no choice but to contact animal control or the association, which can fine the homeowner (depending upon its rules).

• To clarify an issue in my April 8, 2001, column: A real estate licensee who resides in an association and wishes to manage it as well wanted to know if she would need to obtain a property management permit. The Real Estate Division handles this decision on a case-by-case basis.

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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