COLUMN: Barbara Holland

Q. I live in an ungated development in the county. We have covenants without a formal association. The covenants do not have any fines, only a provision for attorney fees to be collected if individuals are involved in court actions. There is a voluntary association with a board. Monies are collected voluntarily once a year in the treasurer's name but there are no monthly dues and no separate bank account.

I own a 21-foot toy trailer, which I use about six times a year. After using it, I unload it, clean it and move it to where it is stored. When loading or unloading, it stays in the street hooked to my truck. Time to load or unload is 12 hours or less.

The covenants state that trailers such as mine cannot be stored or parked in the subdivision, something the board informed me about through a couple of letters. I believe they cannot tag or tow my vehicle if it is there for less than 72 hours.

What can the association or county do to me? If the trailer is attached to my truck, is it different from being unattached and left by itself? Are there any new state statutes that supercede our covenants?

A. After reviewing the letters and the covenants from your association, it appears they may have the authority to restrict the parking of your trailer within the community. Your covenants specifically state that no owner shall park or store or keep such a vehicle on any street within the association. They also allow any owner to enforce the covenants, including initiating legal action for damages for violation of the restrictions.

When you decided to live in this community, it was with the understanding that you would abide by the covenants. Now that you are in violation of those covenants, legal action can be taken against you, first with a warning letter you already received, then with the legal letter demanding compliance. The letter calls for a cease and desist.

The next step would be to file legal action in District Court, which would probably include an injunction. If legal action was taken, you may lose and be forced to pay the attorney fees for the plaintiffs.

Associations may have more restrictive regulations than the county regarding parking. An association could not have a rule that is less restrictive. Since the streets belong to the county, the association cannot have the vehicle towed unless the police department was contacted and if the vehicle was in violation of the county's parking codes.

This, however, does not preclude the association from enforcing more restrictive regulations, such as in your case.

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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