COLUMN: Barbara Holland

Q. I have been living within a homeowners association since it was built. We are constantly having problems.

Several of our homes are rented and the out-of-state homeowners seem to have no interest in what happens to the community as long as they receive their rent. Between nonresident owners and disinterested residents, we cannot obtain 75 percent owner approval to make changes to our covenants. Owners do not even want to be on the board.

We are at the mercy of indifference when it comes to getting any business done. Whenever we try to make certain changes to meet the needs of our community, the stock answer from our management company is that what we want to do is against the law.

What can we do?

A. The real key to making changes in the covenants is persistence. Many associations will allow for a long period of time in which to obtain the required responses to approve or deny a change.

Let's assume that you sent the first notice -- your ballots should indicate the unit number. Let's assume that you received only 10 percent from the first mailing. You would then send another mailing to those owners who have not responded.

Most governing documents do not have a time line as to how long or how many mailings must be sent before an association stops mailing ballots out of desperation or frustration.

Some associations will sponsor events whereby owners can vote on amendment changes. There is one association that had the same problem and tied in the voting on the amendment with the annual vehicle registration and stickers. As owners came to the association office to obtain their vehicle stickers, they were given ballots. Some associations have formed committees with members who have volunteered to go door-to-door.

The management company may have a point about legality. While you do need to conduct your business, you have no choice but to do it within the boundaries of the law and your governing documents.

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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