COLUMN: Barbara Holland

Q. My question concerns the lack of resolution by the management company and the board of directors regarding a home-improvement issue.

I filed my original architectural request for an improvement in April 2001 and received no response until September 2001. The management company sent me notices and fines claiming that I never filed any request and I paid these fines. I requested a hearing which was scheduled with the board, but the board never showed up. I resubmitted my request for the home improvement several times to numerous people through registered letters.

During the March association meeting, the property manager and board told me they had made a mistake and would resolve the issue and return my fines of $300. They said to ignore the notices.

I just received a letter from the management company stating that a lien would be placed on my home because my account is in arrears. I left unanswered messages with the property manager and one of the directors. What steps should I take to resolve this issue?

A. First, make an appointment with the property manager to review your file as to the architectural request and the finances. Concurrently, send them a registered letter stating that you request a hearing with the board before they file a lien on your property.

Second, ask the Ombudsman's office for assistance in calling the property manager and finding out why the matter has not been resolved as you were previously informed.

If you cannot obtain satisfaction from these steps, you should contact an attorney.

Q. According to the covenants of my development, if anyone does anything to their lot, they are to go through the architectural committee and have an impact statement from the neighbor who might be affected.

One neighboring couple, one of whom was a board member and the other of whom is on the architectural committee, changed the grading of their lot and planted a tree within a couple of feet of the wall. My lot is about 4 feet down from theirs.

We have since had their water drain under my home's foundation. I informed the association of this problem.

The owner agreed to move the tree a couple of feet farther from the wall. I thought that this would solve the problem, but excess water is still draining onto our property.

The home has since been sold and the previous owners apparently never told the new owners about the water and grading problems. The new owner told me that the previous owner should have resolved the problem. What can I do?

A. Send a letter to the board informing them of the water and grading problem. Your covenants probably have a section pertaining to the integrity of the grading whereby an owner cannot interfere with the drainage of another owner's lot.

Even if the previous owner did not disclose the problem, the new owner has an obligation to correct the problem. The new owner's recourse is to initiate legal action against the previous owner for nondisclosure.

If the board does not take any action, you may be forced to contact legal counsel for assistance.

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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