COLUMN: Barbara Holland

Q. Rehabilitation work is under way within our community.

There are about 100 owners that have solar screens on their unit windows. The board president sent letters stating we would not be allowed to place the solar screens back up once work is finished because it would invalidate the paint warranty. The letter also states we cannot use any type of fastener that will pierce or puncture the paint membrane on the building exterior. It further asks homeowners to contact the manufacturer or contractor to determine the best nonpenetrating method to reattach the screens.

Previous boards approved the solar screens, which cost around $1,000 to purchase and install. Our original screens have been discarded, which leaves us with no protection from insects flying through the windows. The solar screens helped to decrease utility consumption both in winter and summer.

Could you give us some insight as to what can be done?

A. As many owners are aware, water leakage and mold issues have occurred because water has entered into buildings through improper sealing around the windows. In its reconstruction work, the association is trying to prevent this problem from occurring again as the paint being used has elastic properties that form a membrane covering over the building exterior to seal it against moisture penetration.

There is a legitimate concern and a reason for the restriction on how the solar screens must be reattached to the property.

You need to find out if the solar screens can be affixed directly to the window frames using molly bolts. If so, the existing solar screens may be too large. If they cannot be modified to fit the interior space between the actual stucco walls, members would need a new set of screens to be built and installed.

Q. Our condominiums have attached garages, some of which are used for purposes other than parking passenger vehicles. Some are used for businesses, such as a golfing equipment service and sales operation, and another as a real estate office.

Other owners remodel cars in their garages and store them in the parking lot, leaving no parking spaces for guests. The lot is sometimes filled to capacity and the overflow has to park on the street. Our streets are not zoned for overnight parking.

Isn't a boat considered a recreational vehicle? They are supposed to be parked in the designated lot, but are in the garages as well.

The board's position on these issues is one of indifference. Is there a recourse for me for the enforcement of these regulations?

A. First, it is the obligation of the board of directors to enforce its governing documents, or to initiate changes in those documents if they are not realistic. If the board members cannot meet their responsibilities, they should either resign or be removed by the membership.

Second, you could file a complaint with the ombudsman's office and see if it can intervene on your behalf to encourage the board to enforce its regulations.

Third, you can contact the business license department from the city or county authority in your area to see if the businesses are permitted to operate from the garages.

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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