COLUMN: Barbara Holland

Q. I missed a board meeting because of pneumonia. The president of our association sent me a letter stating I must bring a doctor's note before I can sit on another board meeting.

Ironically, the president herself had strep throat during one of our meetings and coughed the entire time.

Ever since I have been a board member and have pointed out ways in which our association is not in compliance with state law, there has been a campaign of harassment to force me to resign. I spoke with an attorney who told me the board has been overstepping its authority. Any comments?

A. Every time that I think I have heard it all, a reader surprises me with another story where I don't know whether to laugh or cry. If associations have any rules or covenants concerning the attendance of board members, they normally involve absenteeism. For example, one might say if you miss three consecutive meetings, the board could remove you as a director.

Although everyone should be cognizant of their health and the spread of disease, requiring a letter from a doctor is juvenile and prohibiting the attendance of a board member on this ground is illegal and unenforceable.

It's time to grow up. It is OK for board members to disagree intelligently and discuss the issues. Compromise and finding the optimal solution are part of governmental management.

Q. I do not understand how an association has the authority to make decisions on its own. It seems to me that certain changes would need the vote of the membership.

The association changed out part of the landscaping near my home, which I believe is a rules violation. I feel this change has drastically reduced the value of our homes.

When I purchased my unit, had it been surrounded by rocks while the others were surrounded by grass, I certainly would not have selected it. Had I thought that all the units would someday be converted, I probably would have looked elsewhere for a home.

Am I not entitled to the same surroundings as the other homeowners? So why am I surrounded by a gravel pit? As a homeowner, do I have any rights?

A. The management company acknowledged that you had little notice of the landscape conversion. They also stated that placing rock where it is impossible to grow grass is not a matter of homeowner vote. Your home was in one of the area's where "logic" dictated the need for conversion.

Landscape conversion is one of much controversy. Many owners claim it is an issue of architectural design, which calls for a vote by homeowners if there is a significant change. Other owners claim the board may make this change.

Obviously, conversion to desert landscape means a savings in water and maintenance.

Unfortunately, many of these conversions take place after the homeowners have purchased their homes, and without any notice or discussion.

If you feel strongly enough about this issue, you can have an attorney review your governing documents to determine if the board had the authority to convert landscaping without a homeowner vote.

Your letter from the management company stated the best way for your views to be expressed are for you to attend monthly association meetings. Often, homeowners can pressure the board enough that they will survey owners before making a decision.

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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