COLUMN: Barbara Holland

Q. When an ungated development has covenants but the streets have been dedicated to the city and are public roads, who is the ultimate authority on rules of parking, the city or the association?

A.When you purchased your homes, the governing documents are encumbrances with the home, that is, you agreed to abide by their regulation which -- in this case -- is more stringent than the city's regulations regarding the parking of a self-contained motor home.

Because the streets belong to the city, the association cannot tag and tow any vehicles. This must be done by the police department. For the police department to tag and tow a vehicle, that vehicle must be in violation of the city's codes, which are not necessarily the association's regulations. In such matters, the association can only send violation letters and subsequently fine the owner.

As for street maintenance, that is the responsibility of the city and not the association.

Q.Two other owners and I, a board member, went to the ombudsman's office to discuss a difference of opinion that we had with the association president pertaining to the use of association funds for social functions -- in this case, quarterly clubhouse parties which are open to all homeowners. We thought that the use of these funds were contrary to state law.

The president then met with the ombudsman, who indicated that if the social functions are included in the budget and approved by the owners, then it would not be in violation of state law. We believe that the ombudsman's office is wrong.

A. This issue of social functions has been discussed at many board meetings. From a legal viewpoint, if the budget presented to the homeowners includes funds for social activities and if the budget is approved by the homeowners, then the board may be in compliance.

In many ways, the board members of associations in Southern Nevada tend to place all of their energy upon enforcement of the governing documents. The idea of having homeowner functions -- other than meetings -- as an opportunity to "bond" with the residents is foreign to them.

For those associations that have sidewalk sales, provide libraries or Super Bowl parties, board members have a real opportunity to talk with their neighbors in a less pressured atmosphere. Social functions can lead to more volunteerism and commitment by other owners to serve on committees or even run for the board.

Obviously, there needs to be a proper balance between necessary expenditures and social functions.

Granted not all owners would gather for social functions. But at least the board has tried to present the association in a different light.

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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