COLUMN: Barbara Holland

Q. I have lived in my unit for six years and never had a problem with my upstairs neighbor. Now that I have a new upstairs neighbor, who has a number of pets, I have a problem. Her dog barks day and night.

The owner does not appear to be at home when the dog barks, and the problem is worse when the dog is left outside on the patio. My neighbor also has a cat that walks on the roof.

The association told me that there is no evidence of a barking dog and that I should call the police. I believe the police have more important issues to handle. Animal Control informed me they would send a warning letter, but that it would take seven days for my neighbor to receive it.

Our association has specific rules regarding pets, including policies on the maximum allowed, cleaning waste and noise. Should the association investigate my complaint? I am considering using a tape recorder to record the barking. I am also considering taking a picture of the loose cat on the roof.

A. This is definitely an issue that the association should address. When an owner files a complaint, the association should investigate and issue a courtesy letter to the owner, especially if no other owner confirms that there is a problem.

You should keep a record of dates and times of the barking dog. You also could have a witness sign a letter indicating dates and times. The photograph of the cat on the roof, date and time would also be useful for the association.

Once the association becomes involved, warning letters must be sent. The association would not be able to fine the owner for noncompliance until the warning letters are sent.

The violation could be considered a health and safety issue, which is a type of violation that grants the association more power.

If the association fails to help, attend a board meeting and talk directly to the board during the homeowner forum session of the meeting.

Q. We recently added a pool and spa to our home. When we submitted our application to the architectural committee, we had to send a $1,000 refundable deposit in addition to a $20 processing fee. The association cashed the check.

Were they authorized to cash it? Are we entitled to any interest earned on the check? Both have been completed and we are waiting to receive our deposit from the association.

A. Many associations require construction deposits to ensure that no damage occurs to common areas during construction by the homeowner's contractors. Yes, the association has the right to cash the check: the purpose is to be able to use the funds, if necessary, to make any repairs. Unless indicated in the covenants or architectural guidelines, the association is not obligated to return the deposit with interest.

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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