COLUMN: Barbara Holland

Q. Our association has what are known as 8:12 assessments. When someone buys a parcel in our development, they are given a certain time frame in which to obtain a certificate of occupancy for the home they build.

If they fail to complete their home, they can be charged a daily fee which can go back to the purchase date. This was done to encourage people to build their homes and not hold land for speculation. People can ask the board for an extension, which the board can grant or deny.

If a homeowner asks for an extension in the closed executive session part of a regular board meeting, do other homeowners have the right to know whether or not the request was granted or denied?

A. The answer is no. However, the board must be consistent in its decision-making as to what the particular facts or events will constitute granting an extension. The board would be obligated to grant similar extensions to other homeowners having the same problems or delays.

Q. Our association maintains the front yards of the homes. We, as individual homeowners, pay the water bills. We used to have individual timers on our homes, but recently they were replaced by master timers that the association controls.

I have lived in my house, which is on a corner, for several years.

My neighbors recently informed me that I pay for common ground on the side and front of the community. I was never told this by the seller. I can't live with the excessive water bill.

I have called the office and written the association with no phone calls or letters returned. Can I get my money back or my control of the water consumption?

A. First, you need to confirm that your water line is watering the common area. If so (the landscaping or water company can confirm), then the association has two choices.

One is to reimburse you for the cost of watering. This is difficult to ascertain, but some acceptable formula can be established. The water company may be able to assist is estimating the cost.

The other option is for the association to disconnect your line to the common area, which could be more difficult and costly.

If the association does not respond to your letter, first check that your water bill includes the watering of the common areas. Then, send a final letter to the board mentioning your findings.

If the letter is still ignored, you could attend a board meeting and discuss the issue. If the board still ignores you, file a complaint with the ombudsman's office. If all else fails, contact an attorney and take it to court.

As for your seller, it would not surprise me if the seller had no knowledge. You would be surprised how many developers have tied lines between owners and common areas, leaving the association to deal with these issues when discovered.

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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