COLUMN: Barbara Holland

Q. I am writing to find out what we can do about association harassment. Ever since my husband left the board of directors, we have received letters notifying us of noncompliance, or of changes in policies that affect us negatively. Some examples:

-- We had a shoe case on our porch. They say that we are not in compliance because they need to paint behind it.

-- We had beautiful a full plum tree in the common area next to our condominium. The association chopped it down yet other plum trees remain in the association property. We have a pine tree that we asked them not to trim unevenly; they did not listen.

-- People on the other side of our home have half grass and half stone. We asked for the same; they put all stone over our area.

We have four people on the board who have no concept of gardening or maintaining the property, yet they are making decisions with a company who has a woman in charge who did not like the way my husband told her how to do things correctly. This management company is causing our property to become degraded, not upgraded. How do we stop this?

How do we go about getting help from the new Common Interest Communities Commission? Can we get help without getting an attorney?

A. You raise a number of issues you believe to be harassment from the board. The issues raised do not necessarily indicate harassment, but may simply indicate that the board and its landscape company have made decisions you do not support.

The issues raised are not ones that the new commission would address through a hearing. You could contact the ombudsman's office to discuss these issues.

They would contact the association and the management company for their position on the issues.

This may not change matters any as the board and the management company may be able to justify each decision.

Ultimately, if you believe that the board members do not have the knowledge or experience to manage the association, you have the option of working to recall these members, encouraging others to run for the board, or to run for the board personally.

The board has the right to engage in contracts, one of which is with the management company.

By changing the composition of the board, the management company could be terminated per the term of the management agreement.

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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