Las Vegas neighbors are slobs

A: I live in a gated community consisting of more than 700 homes. It is very well-kept except for a single string of about eight homes with owners who seem to think none of the rules they agreed to when they moved in apply to them anymore. Practically all the violations have to do with junk in their yards and the overall manner in which they fail to maintain their property and follow the published rules and regulations. Only two of the homes are occupied by renters.

When it comes to action by our homeowners association’s board of directors, it is my understanding that these people have been called to hearings that they did not attend. They are now being fined on a weekly basis and, for the most part, they are also ignoring the fines. I believe the board is pretty much doing everything they can.

This has been going on for quite a while now and the community, in general, and especially the neighbors in close proximity to these slobs, are really starting to do a slow burn. My question: Is there anything further that our HOA can be doing to “encourage” these folks to clean up their acts? If not, do you have any suggestions about what the rank-and-file homeowners might do as a group to register their displeasure?

A: These are the kinds of scenarios that need to be communicated to our state legislators. They need to hear the “other side” of the story of the inability of associations to enforce its regulations. If a survey was to be initiated among all of the community management company, we would probably find similar cases where neighbors have to share their community with those homeowners who care so little about maintaining the physical and financial integrity of the community.

An association could fine you every week until, “hell freezes over” but that does not necessarily compute to obtaining compliance. A lien can be placed on the property and just sit there for years without any immediate impact from the homeowner. Technically an association could begin foreclosure against a homeowner who has failed to pay their health-and-safety violation fine but that is not so easy to implement such a foreclosure.

Are the backyards of these homes significant enough to try to persuade the city or county governments to deal them a health hazard? You should call and find out. Regardless of the fact that you live in a gated community, remind our city and county officials, that you also pay property taxes which support them.

I lived in such a community. I should not have had to move (which I did) to resolve this issue and neither should you.

Q: I am a member of a local HOA. I need some clarification about grass removal and desert landscaping. The executive board has decided to remove grass and install desert landscaping without, what I interpret the rules to say, a vote of the association. When I questioned our management company representative, he stated that Nevada Revised Statutes 116.330 overrides all association documents and allows this. I read the statute and it states that it’s for the homeowners to install desert landscaping in the common areas both front and back and does not say anything about the executive boards having the right to initiate this change without getting association approval via a vote. I then asked our property manager if this had been interpreted by legal counsel and was told no, this is the company’s interpretation. Could you please clarify this?

This is a large expenditure. The first 2,000 square feet we will receive $2,000 rebate and expend $7,800 for landscaping costs. Somehow, this doesn’t seem like a winning way to spend our homeowner’s money.

A: First, the quick answer. Yes, the association is allowed to convert greenbelt to drought tolerant landscape. You need to look at subsection 2 under NRS 116.330.

NRS 116.330 subsection 2 allows the association to “install drought-tolerant landscaping within any common element or conversion of traditional landscaping … which shall not be deemed to be a change of use of the common elements unless the common element has been designed as a park, open play space or golf course on a recorded plat map or if the traditional landscaping was required by a governing body under applicable zoning ordinance, permit or approval or a condition of approval for any final subdivision map.”

When this law was first proposed in the Legislature, it would have required all associations to convert a specific percentage of their greenbelt to drought tolerant landscape within a certain time frame. It did not pass but was modified to allow associations to make the change without having to obtain homeowner approval as would have been required in most associations’ governing documents.

This law was really an “announcement” that we live in a desert and our public policy is to reduce the use of water consumption. Do any of my readers remember that quite a few years ago, they had to use the spillways because Lake Mead’s water level was too high? Just drive down now and look at the lake and the surrounding areas to see just how much the water level has dropped.

In the long run, the association will see a reduction of their water bills as well as contributing to the water conservation program in Southern Nevada.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent holland744o@gmail.com.