COLUMN: Association retains option to uproot flowers

Q. Previous boards at our association have allowed residents to maintain their front flower beds and to place such things as tables, umbrellas and chairs next to them. They have even permitted residents to grow vegetables, strawberries and exotic flowers.

Our covenants stipulate that the flower beds are common area and therefore are the responsibility of the association to maintain, but some residents prefer to do it themselves. Needless to say, many residents have just gone ahead and taken it upon themselves to convert their flower beds into some sort of "mini-park."

Current board members feel that this should not be permitted, but we are unsure if prior boards' actions have set some sort of precedent that is irreversible. Any advice?

A. There has been a Nevada Supreme Court decision allowing an association to uphold its covenants even though previous boards failed to do so.

However, I think your board has more of a public relations problem than an enforcement problem. The covenants are explicit: The association should be controlling the flower beds and all other common areas.

In theory, letters could be sent to all of the homeowners requesting that they, in essence, relinquish control by removing all personal property from the flower beds and surrounding areas. In addition, the homeowners would have to allow the association's landscaper to make the appropriate changes and replantings.

It doesn't take a genius to realize that if this were done there would probably be a major reaction by the homeowners against the board. They may even mount a move to remove the directors.

The best alternative may be for the board, in concert with these homeowners, to establish standards for homeowners who want to maintain their flower beds. For example, the association could create a list of acceptable plants and flowers and require the owners to submit landscape plans for approval. The association could also require owners to weed the beds on a regular basis and set standards regarding personal property within the area. The board should also retain the association's right to revoke this privilege if necessary.

Q. I am trying to contact an association representative about a letter that I received, but she is not in the office when I call. I cannot take calls at work. How can I resolve the issue?

A. You have a couple of options. You could call and ask the receptionist to set up a meeting or a specific telephone time with the manager. Or, you could respond to the letter by mail, fax or e-mail. Since you cannot take telephone calls at work, the responsibility of finding another method of communication is yours.

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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