COLUMN: Barbara Holland

Q. My association's board of directors has twice served notice to me stating that I can no longer mail correspond- ence to my property manager and that I am only to address a specific board member.

The first notice came right after I mailed to our property manager about 20 photographs depicting ongoing maintenance neglect throughout the community with an explanation list, which I submitted because I am on the maintenance committee. I also mailed in an air-tight baggy with some snippings of a fungus-infected plant, which is rampant throughout the common area, and requested fungus spraying.

Aren't these notice letters a retaliatory action by a board against a homeowner forbidden by state law? I believe that this is an infringement of my constitutional right to freedom of speech.

A. In general, most association boards want homeowners to communicate directly with the management company. Some boards have strong committee systems in place with board members serving as liaisons between specific committees (in this case, the maintenance committee) and the entire board.

Most committees are not allowed to spend money unless the project or maintenance work has been reviewed and approved by the board. The director liaison has a responsibility to communicate the issues, concerns and recommendations from the committee and to advocate the approval of certain issues.

The fact that you received a letter informing you to contact a specific director may or may not be out of the norm. If all members of the maintenance committee have been asked to send their communication to the same director, then it is consistent. If you are being singled out, then the board should review its position.

Whether the board's action is unconstitutional, I will leave that issue to the constitutional lawyers. The notices are not the enforcement of a rule, they are just informing you to send correspondence to a specific board member.

Q. Isn't it normal procedure for the entire board to receive the same information in their board packets?

A. Not necessarily. To conserve office supplies, some associations provide only summary sheets of the violation letters to the board members, with the exception of the president and secretary who receive full copies. Full financial reports may be given only to the treasurer and president, while a mini-report is given to the directors.

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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