COLUMN: Owner argues landscape change `detrimental'

Q. Our board of directors has changed the appearance of our sub-association without obtaining the approval of a majority of homeowners, which I think our covenants and regulations require. Although the possibility of a landscape change had appeared on monthly meeting agendas more than once, neither a notice of a decision nor input on any proposed action was mentioned. One morning, however, a landscape crew began removing grass and replacing it with rock.

At the next board meeting, the board asserted that it had the power to make this change without a membership vote. It also stated that without the change our water bill would increase by 100 percent.

I think this change is detrimental to our community's appearance and value. Can the board do this without a majority vote? What can we do?

A. The section of your covenants and regulations you cite pertains to the property of the community, such as its homes, clubhouse and actual structures. This section uses the words reconstruct, replace or refinish in accordance with the original design, finish or standard of construction. The words "landscape" and "landscape design" cannot be found in this section.

The next section of your covenants addresses landscape. It states that the association may replace destroyed trees or other vegetation in the common area. Ground cover would include the conversion from greenbelt to desert landscaping. There are no stated restrictions upon the association. It would appear that the board had the authority to make this change without homeowner approval.

Agendas and action items such as landscape conversion should be explicitly communicated to homeowners because it is good public relations. Changing landscape is a sensitive issue and feedback from the rank and file at the board meetings should be considered.

As for the water bill doubling, that appears to be an exaggeration, although water has increased in price. We do live in a desert and we do need to be concerned about water conservation.

To the best of my knowledge, there has been no study as to whether a landscape conversion has devalued any homes within a community. Desert landscape can be very attractive, if designed properly.

Q. Our board of directors has decided that no renters are allowed to have dogs, but homeowners may. Is that legal?

A. If the declaration of conditions, covenants and restrictions specifically denies the nonresident owner from owning a pet, or a dog in particular, then the board could enforce this provision with the exception of animals that meet handicap assistant status.

If no covenant prohibits this, the board could legally be challenged that it exceeded its authority in establishing this rule. If this is the case, the owner of the condominium could file a complaint with the Real Estate Division and arbitrate the new regulation.

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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