COLUMN: Barbara Holland

Q. I went to my association with plans to convert my lawn to desert landscaping. They informed me there was a $300 deposit that would be refunded once the work was completed.

When the work was completed, I went to collect my deposit. I was told I had to install something that would stop the rocks from going into the streets. The landscaper had installed a 3-inch deep gutter for that purpose. The association informed me that they would not return the deposit because they did not approve what my landscaper had done.

I asked when there was a notice of this requirement and was told it was noticed after my work was approved. None of my neighbors nor myself received any notice of this change. I still have not received my deposit. Any assistance you can offer would be appreciated.

A. You have not specifically told me whether the association actually approved your architectural request to convert to desert landscaping. If you did receive approval, did you receive an approval letter?

If you did receive such a letter, did it inform you of any desert landscape specifications required by the board? If it did not, the association should not be holding your deposit.

If you did not receive an approval letter, was the approval granted at a board meeting? If so, you want a copy of the minutes of that meeting. Again, if there were no desert landscape specifications, the board should be returning your deposit.

The board should only be holding your deposit if you have not properly completed the conversion based upon the approval and its specifications, or if you caused damage to the common area during the conversion process that required the board to pay for those damages.

You can file a complaint with the ombudsman's office at 486-4480 and seek its assistance. If necessary, you may have to file a court claim.

Q. Is a board president allowed to vote on all the motions and issues at a board meeting, or only as a tie breaker. Our president votes on all issues.

A. If your association follows Robert's Rules of Order, the following would be true: The president, as chairman of the board, can vote to make a tie and can vote to break a tie. If the vote is a written vote, the president can vote on the motion.

Most associations do not follow a strict format of the rules. Many do allow their president to vote on all issues. You would have to look at your governing documents to see if this issue is addressed. If not, the matter would be decided by board policy.

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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