COLUMN: Barbara Holland

Several aspects of Senate Bill 100 refer to architectural requests. These provisions stipulate:

1. A unit owner must adhere to a schedule required by the association for:

a. the completion of the design of the unit, or the design of an improvement to the unit;

b. the commencement of the construction of a unit or of an improvement;

c. the completion of the construction of a unit or of an improvement;

d. the issuance of a permit which is necessary for the occupancy of a unit or for the use of an improvement.

2. The association may impose and enforce a construction penalty against a unit's owner who fails to adhere to the schedule. The construction penalty is not classified as a fine.

To enforce these regulations, the schedule must be stated in the association's governing documents. In addition, these governing documents must have been recorded before the homeowner obtained title.

These regulations can be enforced if the association has a contract with the owner.

3. The owner must receive notice of an alleged violation and be given an opportunity for a hearing.

4. Associations may not unreasonably restrict, prohibit or otherwise impede the lawful rights of a unit owner to have reasonable access to his unit, or prohibit or withhold approval to add improvements to a unit such as ramps, railings or elevators that are necessary to improve access to the unit for any occupant of the unit who has a disability.

5. Associations may not unreasonably restrict, prohibit or otherwise impede the rights of a unit owner to have additional locks or shutters to improve the security or to reduce the cost of energy for the unit.

6. Any improvement or alteration made to the unit that is visible from any other portion of the association must be installed, constructed or added in accordance with the procedures set forth in the governing documents and must be selected or designed to the maximum extent practical to be compatible with the style of the association.

7. An owner is entitled to display the flag of the United States according to the Federal Flag Code from or on a flagpole or staff which is located on the exterior property within the boundaries of the owner's unit, or which is attached to an exterior limited common element that forms a part of the boundaries of the owner's unit, or a window, ledge, sill, railing, patio, terrace or balcony whether or not the flag is displayed from a flagpole or staff.

8. The flag cannot be flown at night in the dark; there must be light on the flag.

9. The association can prohibit the display of the flag if the flag is larger than 4 feet in its vertical dimension or 6 feet in its horizontal dimension.

10. The association may establish a maximum number of flags of the United States that may be displayed. The maximum number may be just one.

In addition, the association may prohibit the display of the flag from a flagpole or staff that exceeds 25 feet in height. The flag can also be prohibited if it is displayed in such a manner that it poses a real and substantial danger to the health and safety of association members or visitors.

11. The flag of the United States as defined by SB 100 does not include a depiction or emblem of the flag that is made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building, decorative or landscaping components or material.

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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