COLUMN: Barbara Holland

Q. In our covenants, it states that to plant trees in a back yard, the owner must submit an impact form to their neighbors at the front, side and rear.

My neighbor submitted an impact form to everyone except me. My home is the only one that will actually be affected.

My neighbor planted pine trees that will grow extremely high. We have in our covenants that plants are not to be any closer than 3 feet from any neighbor's fence. These neighbors are planting shrubs about 5 inches from my fence. This makes it difficult to paint our fence, which we are required to do at this time.

I have written letters to our association. Their reply is that the neighbors are in compliance. They are in violation and now my family is paying the price because the association will not admit they made a mistake and take steps to correct it. What else can I do?

A. Generally speaking, the impact form is more of a courtesy and is not binding upon the architectural committee or the board of directors when approving or disapproving a request.

You would need to review the actual governing documents pertaining to the architectural request, which may be in your covenants or in separate architectural standards.

The reason this form is not binding upon the board is that a homeowner could request approval of an architectural change that is acceptable according to the governing documents, but that a neighbor won't approve for whatever personal reasons.

If you believe that the association has improperly approved an architectural request based on the governing documents, you can file a formal complaint against the association. The issue can be arbitrated or mediated. Contact the Ombudsman's Office of the Nevada Real Estate Division for information.

You will need to be able to support your claim, specifically demonstrating what sections of the covenants the board failed to interpret or decide properly in their approval of your neighbor's request.

You may need to show pictures. An attorney is not required, however the association may hire representation, and you may wish to hire one as well.

Q. Do you have a definition for a premium lot? I paid $50,000 for a premium lot. There is no definition of a premium lot in my covenants or in my paperwork.

A.You will not find any definition of a premium lot in your governing documents, nor are there any sort of special privileges associated with one.

Developers define what a premium lot is based on their sales strategy, which enables them to have a higher return on their investment. Often, premium lots are based on size or location: your lot is bigger or faces a prettier setting.

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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