COLUMN: Barbara Holland

Q. I have a neighbor building a large pool and sauna who, in violation of the covenants, built the pumps, filters and heaters right along the property line, as opposed to building it next to his home and having it screened. The rules clearly state that it should be built with minimal effect on your neighbor's property.

In my first letter to the association regarding the issue, intended to dispute approval of the project, I learned that my neighbor did not even have the original application approved. The committee, however, has chosen to allow my neighbor to keep the equipment at its current location.

My real estate agent feels the equipment will affect the value of my property as well as creating a noise nuisance. My neighbor across the street is complaining because he can see it from across the street, and because he was made to build his pool correctly.

We have no idea why this homeowner is allowed to do this -- it is contrary to the covenants. Is it worth getting an attorney to fight the issue?

A. Without reviewing your covenants or architectural guidelines, I can say many governing documents allow much leeway in the decision-making process by the board regarding architectural requests.

If you feel strongly about the decision, ask an attorney to review the circumstances to see if you have a case and to see how much it will cost to fight.

Assuming you win, then comes the enforcement process.

What you may want to try first is to talk to your neighbor to see if there are any compromises possible.

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.

Real Estate home