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COLUMN: Documents detail association guidelines



Q. My condominium complex is governed by an association that is part of a master association. What and where is this master association, and what does it do?

A. The answers to all of your questions may be found in your association's and the master association's governing documents, copies of which you should have received at purchase. If you can't find them, ask your management company or a board member for a copy. If your association is not professionally managed, contact your title company for assistance.

Generally speaking, master associations are created when a developer has a parcel with mixed zoning, allowing for single-family homes, condominiums, apartments, offices and even retail. Other master associations are developed for solely residential communities that share common facilities.

In your case, it appears there is a master association with sub-associations of different types of residential developments. The common elements could be perimeter walls, entry gates, interior streets, landscaping, and clubhouse and pool facilities. In addition, most master associations control the architectural requests of sub-associations.

The governing documents should describe the relationship between the association and master association with regard to voting rights, architectural requests and maintenance responsibilities.

In some cases, each homeowner pays two dues: one to the master association and one to the sub-association. In other cases, the homeowner sends dues to the sub-association which in turn pays the master association. Usually, the sub-association can submit candidates to run for election to serve as directors on the master association's board.

These master boards generally have quarterly meetings and are to recognize the sub-associations at those board meetings. Financial reports are required as well as budgets, copies of which can be obtained upon request.

Q. I live in a tract of homes that is not part of an association. Three homeowners have been living here for two years and still have not completed their landscaping. Front landscaping was included with our homes, but these owners chose the payment instead.

Another neighbor insists on parking his two vehicles and a trailer in the driveway, instead of in his three-car garage or behind one of his two RV gates, which is an eyesore.

How can I get my neighbors to correct these problems without an association?

A. If you have no association but do have governing documents, such as covenants, that specifically state the landscape guidelines and parking regulations, your only alternative is to hire an attorney and file suit against your neighbors in court.

If governing documents are not tied to the homes, you have no recourse but to accept it or move.

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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