COLUMN: Barbara Holland

Q. We received a letter of noncompliance regarding our satellite dish. I faxed the association, informing them we would handle the matter upon our return to the community in the fall, as we are out of town.

The association informed us they would be sending an expert to view the dish's location and tell us where it must be placed.

We have not heard anything further, other than letters stating that we are being fined for noncompliance. We cannot yet return to reposition the dish. We are retirees and cannot absorb fines on a monthly basis. Any advice?

A. Boards and management companies need to combine common sense and empathy into their formula for enforcing the rules. It is one thing for some owner to ignore letters, and another when the owners have expressed they will comply and are asking for time to do so.

For boards who do not want to be accused of favoritism in situations like this, the boards could inform the owner that a fine has been assessed against their account which would become effective based on some future date tied in with the date of compliance. If the owner does not comply based upon the agreed extended time, the fine would be due against the owner's account.

You need to request a hearing with the board to reach an understanding and to ask for a reversal of the fines upon compliance with the moving of the satellite dish.

One other suggestion for those owners who have dual residences, such as snowbirds: find some person who lives in Southern Nevada who can be contacted in cases of emergency, not just association problems, but other issues as well. If your home had a major water leak that was damaging the interior, who would have been available to help?

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. Q. What legal responsibilities do real estate licensees have in informing prospective buyers of the association's covenants and rules and regulations?

A. The responsibility to provide certain information to a buyer who is purchasing a home within an association is that of the seller, not the real estate licensee.

Nevada law states a unit owner shall furnish to a purchaser the governing documents, a statement of monthly dues, any delinquency of the unit, the operating budget of the association, any legal action against the association, among other disclosures. These must be provided before the sale or otherwise before the conveyance.

In addition, there is a specific required form of information statement that must be given to the buyer which spells out information regarding the powers and restrictions of associations in general.

Since so many sellers are represented by real estate licensees, they will help obtain this information for their sellers, but the ultimate responsibility per statute is with the seller.

Real Estate home