COLUMN: Barbara Holland

Q. Our covenants state that homeowners living along the outside perimeter walls of our development are responsible for these walls.

Considerable damage has been done to the walls over the years due to water seepage from inside yards, and the walls need to be painted.

Does the association have a fiduciary responsibility to maintain the safety, appearance and property values of the community? If so, how can they be forced to take action?

Also, is the homeowner or the association responsible for taking care of the repairs?

A. Associations need to establish specific architectural guidelines that would prohibit greenbelt areas and sprinkler heads from being within a minimum of two feet from any wall. Only drip systems and desert plantings should be allowed around the perimeters.

In addition, there are various substances that can be sprayed on the walls that will protect them from deterioration.

Unfortunately, many associations do not have such guidelines and some owners have installed landscaping without architectural approval.

In communities with established homes, enforcement becomes even more of a problem.

The association would first have to send letters to all owners informing them of the problem, explaining what must be done to correct it, and giving them a deadline to do so. Just painting over the wall does nothing but cover the seepage, which will eventually reappear unless corrective landscaping action is taken.

If an owner does not comply after proper notice and due process, the association can then fine that owner and place a lien on their home.

Obviously, this does not resolve the actual maintenance problem.

Most associations are very hesitant to make corrections within someone's lot, and rightly so because the owner may confront the "intruder" and have the person removed.

Furthermore, the legal system is costly and time consuming. It can be a no-win scenario for many association boards which do not want to expend time and energy fighting with the owners, and yet, the maintenance problem continues.

Your association needs to review its architectural guidelines before it implements any changes needed to protect those exterior walls from further damage.

Second, letters should be sent to the owners to repair their walls and change their yards within a certain time frame. The association should try to provide as much assistance as it can to accommodate owners who want to comply.

Third, the association can then deal with those owners who want to go the distance by not complying. The association should consult its legal counsel.

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.

Q. In our neighborhood, there is a renter who causes all kinds of hard feelings by spreading rumors and making up lies regarding the community. Unfortunately, the homeowner won't evict him. What can the homeowners do to get rid of this troublemaker?

A. Nothing. Creating hard feelings, spreading rumors or making up lies is probably not a violation in your governing documents and it is definitely not a violation of the state's landlord/tenant law. The owner would not be able to evict this tenant based upon what you have stated because being a troublemaker is not necessarily grounds for eviction.

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