Homeowner should request architectural changes in advance

Q: I moved into an association community about seven-plus years ago. I have been quite faithful about requesting approval of changes.

One of the first items that I requested was approval of solar screens, and that request was granted.

Having a bit left over screening, I and several neighbors screened our side gates without asking for approval.

This violation has been in plain site for the last seven years. Now I receive a violation notice.

I took care of the paperwork; however I do wonder if there is a statute of limitations on violations. If not, then -- to my knowledge -- the covenants, conditions and restrictions violations and murder are the only crimes that do not possess a statute of limitations.

I am not informed or skilled enough to do a search for court decisions or NRS regulations relative to this problem.

Your assistance would be appreciated.

A: NRS 116 does not cover this issue that is pertaining to time.

In many covenants or in architectural guidelines, there is a section pertaining to approval of architectural requests, and the time line for which the association needs to approve those architectural requests.

In addition, there can be a statement in the covenants or architectural guidelines stating if the association does not approve the proposed request within the time frame, the request can be automatically approved if the architectural request conforms to the association's guidelines.

This does not apply to architectural changes which have not been submitted to the association.

What happened to this reader is not unusual.

A new management company, new community manager, new board members or new committee members inspect the community and then notice a possible violation.

When the homeowner's file is checked and there is no approval for the architectural change, then a letter would be generated, containing the violation and asking the homeowner to file a request.

It is a fact that each person who plays a role in association management can view violations differently as to their severity.

There are some members that have a live and let live attitude and only the most severe violation will result in a notice. There are other members who want to nickel-and-dime the homeowners for every single violation, no matter of its severity or impact upon other homeowners.

That really is the reason why a potential violation has gone unnoticed for the last seven years.

It is so important for homeowners to realize that they have a responsibility to obtain architectural requests prior to making any changes to their home. Associations really can cause an owner to dismantle their improvements -- an expensive proposition.

Barbara Holland, certified property manager, is president and 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. Questions may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.