COLUMN: Big truck causes big problems

Q. We knew our home was part of an association when we bought it 15 months ago. Unfortunately, we've since had a few run-ins with the board.

When we moved in, my husband, who is in the heating and cooling business, didn't have a work truck (commercial vehicle). A few months later, he purchased a truck with 12- to 18-foot extension ladders which will not fit into our garage.

About a year later, the association notified us that we were not in compliance and that the truck must be removed or we will be fined $50. We wrote back saying that the rule is discriminatory. We also obtained signatures from our neighbors stating that they did not mind our truck being parked in front of our house.

Soon after, we received a mailer from the association to vote on this issue. We promptly completed and returned the form, and were notified that this issue would be on the next agenda. We were unable to attend that meeting, and were not notified of the outcome. Two days later, we received another letter of noncompliance stating that we have the right to meet with the board.

Why should the board care about the truck when our immediate neighbors don't care? If my husband worked from his garage as a carpenter, would we be fined for that, too?

A. You probably won't like my answer, but the board has the right to enforce this regulation. The association's governing documents were written by your developer, not the board, and were recorded with the county. The prohibition of commercial vehicles within an association community is common.

When you purchased your home, you were aware that it was within an association community and agreed to abide by its governing documents. As a buyer, you had the right to review those documents, and if there were sections that you could not live with, you had the opportunity of not closing escrow.

The board has a fiduciary obligation to enforce the governing documents of the community. State law requires an equal enforcement of the rules in order for the rules to be valid. The board's action would be discriminatory to you only if it failed to send the same letter of noncompliance to similar violators.

You mentioned a vote on this issue. Was this an actual vote to change the governing documents or was it a survey? These are two separate issues -- a change in the covenants is binding on the board, while a survey is not.

You also state that your neighbors don't care about your truck. Consider this: what if I raised award-winning dogs that I sell from my home, and more than 10 dogs live in my back yard? None of my immediate neighbors care. On the next block, a homeowner stores cleaning supplies in his garage, and twice a week his workers come by to load their trucks. His neighbors don't care. The end result of such activity is a decrease in property value, as seen by lenders, investors, and potential buyers and renters.

Your neighbors may not be concerned about your truck now, but if they tried to sell their homes and lost a potential buyer because it, you can bet they would complain to the board.

As to working out of your garage, you'd probably be in violation of another covenant, because the community is meant for residential use and not for commercial or business activity. Just because you own a particular piece of property does not mean you have an automatic right to do whatever you want on it. You also have to meet zoning requirements as established by your local government.

The point is that you want the resale value of your home protected, and it's the board's responsibility to do so.

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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