Small association advised to strengthen documents

     By Barbara Holland, CPM
      Q. We live in an association of 20 units whose association fees total $240 per home per year. There are covenants, but we have been told they are difficult to enforce.
      Our main problem is landscaping. One owner, who received a certificate of occupancy more than a year ago, has not properly landscaped his property. He also has yet to replace a broken front window, which has been that way since construction.
      We have board of directors elections in December for two seats of the three-member board. The homeowners will have more conrol over the association after the elections. How do we proceed after these elections?
      A. Regardless of the size of the community or the annual dues, there are sections of the state law, NRS 116, that apply to all associations.
      After the elections, the board should consider changing the governing documents. If they are so weak or poorly written that they are difficult to enforce, substitute more meaningful ones. With such a small community, you should be able communicate the need and generate support for the change. This may require some money for legal counsel and time to obtain the "buy-in" from the homeowners.
      You can start by interviewing attorneys to represent the association. Next, have the attorney review the current documents as well as all records and correspondence from this homeowner. If the attorney thinks you have a case that can be won in court, then the new board should send a letter to the owner informing him of the violations. Include a specified time period for the corrections to be made and indicate legal action will be taken for failure to comply.
      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.