COLUMN: Barbara Holland

Q. I live in a community that has gas lanterns. The homeowners were notified that gas to them will be shut off because of nonpayment by the association. Last year, our dues were increased for the sole purpose of meeting the expected higher utility costs. If the gas is turned off, the association will not only have to pay for the bill and late fees, we also will lose our security deposit and be without street lights.

What can a homeowner do in this situation? So far, I've spoken to someone at the gas company to try to verify the association's claims and have left unreturned messages with our association manager and the developer. Can you offer any suggestions?

A. Your board needs an emergency homeowner meeting to detail the financial status of the community and why your association is unable to pay its utility bill.

The board may have to increase the dues or ask owners to approve a special assessment to become current with its payables. The association could try to obtain a loan but it would have to meet certain requirements of the lending institutions.

The management needs to work out some payment plan with the gas company. The lighting in the community has a direct affect on health and safety, as well as insurance liability considerations.

You may want to ask the Nevada Real Estate Division to investigate the financial status of the association. You can also contact the ombudsman's office to see if it will communicate with the management company and board, since they are not returning your calls.

The Real Estate Division and ombudsman can't raise funds for your association, only your board and membership can do so.

If the board refuses to call an emergency meeting, 10 percent of the members in good standing would need to sign a petition requesting the president to call a special meeting for the purpose of resolving this financial crisis. Time is of the essence.

Q. Our association rules state that no nudity, shorts or cutoffs are permitted in our community pool. But, a woman wearing a thong bathing suit is not violating the rules. That to me is close to nudity. Should that be considered acceptable when we have children who also use the pool?

A. If a thong bathing suit is allowed in a public place, such as the Clark County recreation centers, then it should be allowed in a private community.

Boards can quickly find themselves in trouble when creating rules that prohibit conduct based upon a particular person's perception of good taste or proper moral conduct.

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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