COLUMN: Board slow to take action against disruptive resident

Q. One homeowner in our association is known for disturbing the peace and quiet of our neighborhood. The board has fined him for this more than once, but he refuses to pay. The board has not taken any further action.

On behalf of the other owners, should we seek legal assistance even though it's the board's responsibility to handle such violations? Please advise.

A. Having a neighbor who ignores the governing documents is frustrating. You have to wonder why such a person purchased a home within an association in the first place.

Some problems are more difficult for a board to resolve than others. Just because an owner is fined does not necessarily mean that he will comply. Even if you place a lien on his home, unless that owner plans to sell or refinance, there is no immediate incentive for him to pay the fine or to end the violation.

Since the board is not willing to take a stand, there are other options available.

First, if the board is not following its governing documents in the enforcement of rules and regulations, you could file a complaint with the state ombudsman's office. Second, consider a recall of your board, however, this can be difficult and time consuming. In the future, try to elect like-minded homeowners to the board.

Another approach is to request that the board take a more aggressive stand when dealing with violators, especially repeat violators, during the homeowners forum at the next board meeting.

Finally, the board could file a complaint against the owner through the ombudsman's office and could eventually file a small claims action against him to collect the fine. But again, even if the owner pays the fine, it does not mean that he will comply with the regulation.

Q. What is the rule concerning the percentage of townhomes in a development that can be rental properties? Also, are there any rules about the length of time a property can be rented?

A. State law allows the developer or the board of directors to set their own rules regarding rentals as long as the rules are consistent with their covenants or bylaws and they are enforced equally on a consistent basis.

Many governing documents state that the minimum length of a lease agreement is a month, while other associations require a lease agreement for six months or even one year. In general, governing documents do not allow the leasing of a unit on a daily or weekly basis.

Some associations do not have any restrictions as to the number of rentals permitted within their communities, although to obtain a loan, some lenders require 75 percent owner occupancy.

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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