COLUMN: Law prohibits withholding dues

Q. I live in a condominium development and pay an association fee of $115, which I think is pretty high. This fee covers rubbish removal, water, landscaping, etc.

I have lived here for two years and have asked for a tree to be trimmed near my home, a palm tree trimmed, and other things I feel should be done for what we pay.

The lady that manages the community has not done any of these things, nor does she answer any of my requests. Others have complained, and she tells them that things will get done. I am angry and have placed my unit for sale. Can I stop paying the fee until the work is done?

A. The law does not provide for the withholding of funds from associations. If you fail to pay your dues, the association can place a lien on your property and foreclose.

I would recommend that you address your concerns directly to your board of directors. It may be time to change the property manager.

If your board does not address your problems, and if these problems are the responsibility of the association board, then you can file a complaint with the Nevada Real Estate Division's ombudsman's office.

Q. We are owners in a condominium community with a board and a management company. My husband volunteered for more than a year to open the clubhouse in the mornings for anyone wanting to have coffee, watch television or use the library.

When medical problems arose, his time to serve was limited. We received a letter asking to return the key, but he had misplaced it. We were then fined $50 for the lost key, which we paid.

About six weeks later, we received a letter saying that the board decided to change the clubhouse locks, and we were charged $166.65 for this.

There are more than a dozen keys out to others, and I think that this charge is unfair and unjust. What can we do?

A. A letter should be sent to the board and management company stating that payment has already been made to the association as previously requested for the lost key. The letter should also state that if the board had wanted to change locks and to charge you for the change, that such notice should have been sent to you in the first place. As far as you are concerned, you have paid the bill in full per the original demand letter.

If they insist, you have the option of submitting $166.65 less the $50 already paid. If you take this action, on the front of your check write the words "payment in full." If they cash the check, then they do not have any right to ask for the $50 that you deducted from the charge for the lock change. But, the management company could return the check uncashed.

You could also ask to speak to the board and ask them for a ruling regarding this matter.

Because the amount is so little, it does not make sense to take other action, such as filing a complaint with the ombudsman's office, which will cost a filing fee of $50. The hearing of the complaint would incur more costs.

Trying to negotiate a final settlement with your board is your best option at this time.

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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