COLUMN: Barbara Holland

Q. Who is the ombudsman and what are the function and authority of the position?

A. The office of the ombudsman for the owners of common-interest communities was created by the state Legislature in 1997. The office is under the jurisdiction of the state Real Estate Division, and the administrator of that department appoints the ombudsman. Eldon Hardy is the current ombudsman.

The office is not authorized to give legal advice. Any interpretation of laws or governing documents by the ombudsman cannot be considered a legal opinion.

The office's main purpose is to provide education for homeowner associations, both directors and homeowners, through various means including seminars, printed materials, a Web site and personal meetings. Training sessions are held throughout the state for homeowners and board members. The next classes in Las Vegas will be held in January 2003.

It also tries to assist associations who call its office with concerns. It is intended to serve as a neutral third party to clarify rights and responsibilities of all parties involved. This simple process may assist associations in resolving their disputes.

Note that there is no government agency in this state that investigates or intervenes to resolve disputes among associations.

The ombudsman, however, can serve as an advocate. Should a homeowner send a written request to review association records, and the association refuses, the ombudsman may request copies of records on behalf of the homeowner. There are some records the association may not share with homeowners in general, such as personnel records of employees, or records pertaining to another owner.

If the board refuses the ombudsman's request, he may request a subpoena.

For other matters, the ombudsman will assist homeowners seeking alternative dispute resolution, such as mediation and arbitration. Neither the ombudsman and his staff, nor the Real Estate Division, serve as mediators or arbitrators.

Finally, the office compiles and maintains a registration of each association within the state.

The ombudsman has no regulatory authority to compel an association into compliance, only persuasive powers.

-- Last Sunday's column contained some incorrect information. When conducting a vote, one way an association can maintain secret ballots is to have voters place them in a small envelope that is sealed, then place the small envelope into a larger envelope that bears the owner's address and signature. At a meeting before the membership, the smaller envelopes are separated from the larger ones, and then the ballots are tallied. This can be done even by a self-managed association.

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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