COLUMN: Garbage container trashes condo owner's view

Q. After I moved into my condominium unit, the developer built a trash enclosure directly across from my building. I now stare at the garbage containers from my picture window and my balcony. I asked the association to extend the enclosure's wall to better conceal the containers.

The association's attorney sent a letter to me supporting the trash enclosure as it stands. I interpret the covenants as stating that the garbage containers are not to be visible from any units.

Am I wrong? I paid more than $100,000 for this condominium only to view garbage.

A. It appears you misunderstood this section of your covenants.

They do state that all refuse, garbage and trash shall be kept in covered, sanitary containers in an area that is not visible from the units or common elements, or be placed in the enclosed areas designated for such use.

Here's where you got confused: This section applies only to the homeowners and not to the association.

This section of the covenants does, however, allow the association to send violation letters to residents who do not properly dispose of their trash.

Your association is not required to make structural modifications to the trash enclosures, however, you certainly could request one. But be prepared, the board may be hesitant because if it modified one trash enclosure, it would be setting a precedent to modify all of them.

Boards must prioritize their expenses, and because your association is new, funds for trash enclosures are probably not a top priority.

Q. At my condominium complex, contractors are replacing portions of the ventilation systems in our attics when they repair the roofs of our buildings. These workers had access to my attic when they first worked on my roof, and now they want access again.

The association sent a letter to me stating that I denied the contractors access to my attic. The letter further states that the association will be forced to file a resolution against my property, indicating that the repairs on my unit are not complete and that the association is not responsible for any damages resulting from the incomplete repair.

I resent having people running through my home making a mess.

Also, this means that I will have to be home again, spending my time watching my property. What is your advice?

A. My advice is quite simple: cooperate and have the roof repaired correctly.

First, the association is trying to correct a problem that is in the best interest of all the homeowners. Not only is it a functional correction that will help prevent future damage caused by rains, it will also help maintain and increase the value of the homes.

Second, if you try to sell your home, you will have to disclose that your roof has not been properly repaired, and will probably have to pay for the repairs out of the sale's proceeds.

Finally, the association has the power not only to pass a resolution against your home, but it could also record the resolution with the county, making it public record.

The association is doing the right thing, because you or a future owner could claim that it is liable for any repairs that may be needed in the future. The resolution simply states that the association will not be held responsible for any future expenses.

Staying at home may be inconvenient, but it is in your best interest.

Call your management company and arrange to have the repairs completed immediately.

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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