COLUMN: Barbara Holland

Q. We have a resident who brought a dog to the community in 1999 when he knew that we did not allow them. Our covenants have stated no pets since 1986. We even have taken a recent vote on this issue and the no-pet policy passed again.

We have paid thousand of dollars to have this dog removed through the foreclosure process. We have now been informed that we will have to drop all action as the resident has declared the animal a service dog.

This person has no obvious disability. We later discovered that a doctor had written a letter to the association without proper examination of the owner. The doctor then sent a second letter that basically retracted the first letter.

The resident is also behind in his assessments. We have a lien and are foreclosing on his unit for nonpayment. We bent the rules for him by allowing his name to be placed on the ballot for elections. He was not elected. Please help.

A. The doctor's letter acknowledged that there was no physical disability, but inferred that there was a mental disability. Animals can have a calming effect on people; this is recognized by modern medicine. Technically, this could stop the foreclosure process that was based upon the pet violation under the health, safety and welfare provision, as the association's action would be considered in violation of Fair Housing laws.

The association did not want to have this individual's name placed on the ballot because he was not a member in good standing. Besides being in violation of the governing documents, he was delinquent in his dues.

The association asked for the assistance of the ombudsman's office, which convinced the association to have his name placed on the ballot. The owner had threatened to sue otherwise. The association could have fought this issue, but did not have the funds to fight, as their documents require a member who wants to be a board candidate to be in good standing.

At this time, the association is foreclosing against the owner for nonpayment. Unless the owner can stop the process, the association could eventually remove him from 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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