COLUMN: Barbara Holland

Q. The condo above mine was sold last fall, and the new family has two boys who are constantly jumping up and down. Their mother says they are just playing. I have severe hearing loss, so it has to be pretty loud.

Things got so bad that I called the management company. They said it was a neighbor-to-neighbor dispute.

I have lived in my home for seven years and feel like I'm being forced out. I also feel that the manager could have helped by explaining to them that outdoor games are not indoor games. I would appreciate your input.

A. No matter how soundproof your home may be, living downstairs has a disadvantage of hearing noise from upstairs neighbors. This is very true when children are involved.

It would be nice if you could visit your neighbor and explain the situation so you could resolve your differences one on one. Although you have already spoken to the mother before, you may consider asking her to sit in your living room and listen to the noise. That may help her understand.

You may also wish to document the noise by date and time, and possibly include a recording. With this kind of information, you could contact the board or management company and ask that they intercede with a letter. It may not resolve the problem, but it's a step in the right direction.

Q. Can an agent of an owner serve on the board of an association? Are board members required to be property owners within the association?

We have several properties that are represented by a rental agent. I have reservations about him serving on the board because he has been very slow to respond to complaints regarding those properties.

A. There is no state law that precludes a nonproperty owner from serving as an association's director. Check your governing documents as they may preclude nonowners from serving. If the covenants and bylaws do not preclude it, then the rental agent may serve.

Remember, he is only one vote on the board. Additionally, as a director, he has an obligation to ensure the units he represents are in compliance with the governing documents to set a good example.

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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