COLUMN: Barbara Holland

Q. Most of the telephone messages that I and other residents have left for our management company regarding various repairs and problems have not been returned. We have been told at meetings that these things would be corrected, but nothing has been done. Our complaints have included neglected landscape; unrepaired stucco; missing ironwork; and infractions such as cluttered patios, pet waste and trucks driving on lawns.

How can we resolve these problems?

A. It appears that your association may have more serious problems than its management company not returning telephone calls. When maintenance issues begin to build to unacceptable proportions, it is usually indicative of financial problems within the association.

In addition, it appears that the board and management company have leadership problems. They need to take a more active role in resolving problems and complaints.

During the homeowner forum at the next board meeting, members and the board need to discuss these issues. Operational strategies and timetables need to be established for resolving these problems with all resources, money, people and technical resources.

The effectiveness of the current management company should also be discussed. If this is truly a response issue, either the management company must correct its internal procedures or the board must make a change.

Any meaningful changes will need the support of concerned homeowners and volunteers to serve on the board, as well as the architectural, grounds and landscaping, pool and violations committees.

Unfortunately, resolving these issues may require the homeowners to recall the current board.

Q. I have a house in a master-planned community that is rented to four college students, all listed on the one-year lease. The association sent me a violation notice for not complying with the single-family residence provision that states that each unit should be improved and used solely as a residence for a single family. In our covenants, one of the definitions of "family" is a group of natural persons not all related but who maintain a common household in a dwelling.

Do you think that I have violated this provision by leasing to these individuals who are not related to each other?

A. No, you have not violated the provision.

If you have a two-bedroom home, the rule of thumb that has been recognized by HUD is two persons per bedroom (the relationship or sex doesn't matter). You are not in violation of any health or occupancy codes in Southern Nevada. In fact, if you had refused to lease to these students solely on the basis of them not being related or because of the number of people, you would probably be in violation of federal discriminatory laws.

You need to contact the management company and have them explicitly explain how you are in violation because their action does not make any sense based on the information sent to me.

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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