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Q. We live in a gated neighborhood of 139 homes and have several problems with our builder and association.

When we bought our home, we paid an additional $4,000 for a view lot. Our builder is now developing another neighborhood west of our home, which is going to block our mountain view. The salesman assured us that other homes would not block our view.

Also, the gate is open all day for workers. I understand the need for this while construction is ongoing, but the model homes in our neighborhood are being used for this other development.

In addition, the covenants the builder gave us are different from the ones they are giving new owners. Ours did not say we could not install a different light in our front yard, which we did. And because they did not state that storage sheds had to be stuccoed, on slabs and have tile roofs, I bought a shed and painted it. The covenants also now state that no motor homes more than 22-feet long are allowed; ours is 34 feet. What can I do?

A. First, review everything you have in writing about the transaction for your lot. Do any of the signed documents state that the premium price was based on a view? If you believe the developer was misrepresentative, file a complaint with the Nevada Real Estate Division. Another option is to seek legal counsel to obtain compensation or the re-purchase of your home.

Regarding the matter of the open gate, an alternative might be for the developer to assign gate code numbers to the workers, so other people such as potential buyers could enter by pressing a button labeled "sales office." This way the gate would be closed when not in use.

It is unclear whether the developer is constructing a new neighborhood or annexing another phase of development. If it is another phase, then the models would be used for the new section. If it is a separate neighborhood, review the covenants to see what it grants the developer. You could discuss this issue with the Real Estate Division from a sales perspective or with the division's ombudsman from an association perspective.

If any changes were made to the governing documents, the owners should have been given notice in the form of a ballot to vote on sections of the covenants or bylaws that were being modified. The developer may have more votes at this time to approve changes without the support of the homeowners, but that would not allow the developer to legally circumvent a vote by the owners. If changes were made without notice to the current owners, you should file a complaint with the ombudsman.

When you buy a home within an association, the developer must provide a public offering statement which summarizes some basic information included in the governing documents as well as his plans for the community. Review the original and new versions of the documents and covenants, specifically the section pertaining to architectural requests. Most associations require that written requests be sent to the architectural committee or the board for their review and approval. You should submit a request to allow your front-yard light and storage shed to remain. If the original covenants allowed both, the board could not retroactively require you to remove them.

The motor home issue may not be in the covenants, it could just be a rule. If there is a retraction on size within the covenants, you would have a problem because your vehicle would be in violation. If it is a rule, you could petition the board to make a change to include 34-foot motor homes. Again, if the original covenants allowed 34-foot motor homes and if homeowners were not notified of a vote to change them, you would have a viable complaint if the restriction was changed. This, too, would be an issue for the ombudsman.

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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