COLUMN: Barbara Holland

Q. Our association has a continuing problem with one of our residents.

This person has a great deal of traffic entering and exiting her unit. Some of her male visitors have been seen urinating on the property near her unit, and some have assaulted residents in the common areas.

Calling the police does not help. We do have a Neighborhood Watch program, but this is not a deterrent.

The owner will not answer the many letters sent regarding the issue, and will not even try to control or remove the problem resident. He is content to pay the fines imposed and nothing more.

Numerous vehicles have been towed from other residents' assigned parking spaces, mostly vehicles parked by the problem resident's visitors. Some of the vehicles were reported stolen.

What recourse does the association have?

A. First, the association needs to have verifiable documentation of the events you describe. This should include dates, times, photographs, police reports and anything else you have. With this information, the association cannot only continue to fine the owner, who apparently has no problem paying the fines, but could initiate legal action against the owner, forcing the owner to evict the tenant. This is not an easy task, nor is it inexpensive.

If the police are of little assistance, you need to contact the commander of the police district where you're located and set an appointment. If residents are being assaulted and there's a lot of traffic into the home, it may indicate drug activity and may require police involvement.

Q. Our community association does not have any restrictions on the percentage of units allowed for rentals. We are at 40 percent rentals, and growing. Can rental growth be curtailed?

A.This subject has come up frequently over the years. The answer is basically no.

The reasons why are legal ones: being able to lease a home is one of the "bundles of rights" of property ownership recognized by the Fifth Amendment. It is also a fundamental right recognized under most association's governing documents. In fact, you will probably find a section on it in your governing documents under the section pertaining to "material changes," stating the discontinuation of rentals, or a limitation or cap, would require the approval of the lending institutions, as well as a vote from the homeowners.

What is needed is a firm tenant registration policy. Many tenants are simply unaware of the rules and regulations of their associations.

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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