COLUMN: Barbara Holland

Q. All of us who serve on the board for our condominium association are new to association management and have different ideas, so we need your help on a couple of things.

First, one director believes we can make changes to the rules and regulations regarding the swimming pool without presenting the changes to the homeowners. Can we?

Also, some board members believe we are responsible for confronting people at the pool when they disregard rules. One concern they have is getting sued if someone gets hurt. Our rules state there is no lifeguard provided and we are not liable for any injuries at the pool, so I believe if parents are supervising their children, we would not be liable for any injuries.

A. Yes, the board can change rules without homeowner approval with certain conditions. For one, the rules must be uniformly enforced. It also must be consistent with your covenants and bylaws, and you must provide notice to the homeowners in your board agenda that there will be discussion about the rules and the proposed changes. This gives homeowners an opportunity to offer their input during the homeowners' forum before the vote.

As for rules enforcement, that is one of your responsibilities as a board. Regardless of what your documents state, you could be sued successfully if the board had knowledge that unsafe practices were occurring and it failed to act, either through fines or suspensions of privileges.

Often, no one has to make a direct confrontation. A letter could be sent with the date, time and violation listed. If it's something life-threatening, board member or not, you would hope that someone would contact emergency services if that's what is needed.

Q. Could you outline or cite the rule regarding homeowner association self-management?

A. There is no state law that prohibits a board from managing its community as opposed to hiring a manager or management company. There are no regulations, restrictions or guidelines, other than those powers and restrictions stated in your covenants and bylaws, as to the board's authority and its right to self-management.

Some covenants have strict language that would preclude self-management, unless the association notified and received approval from FHA and VA, or a certain percentage of the lending institutions that have mortgages on the homes within the community.

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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