FOLLOW THE RULES
As you clean up the remnants of the Memorial Day weekend and prepare for a full schedule of summer activities, you might be considering making a few improvements to your yard. A covered patio, perhaps. Maybe a swimming pool. An outdoor kitchen would be nice.
But before you get out your shovel, hammer or sign any contracts, head to your home’s library and read your homeowners association’s governing documents.
In most cases, the association will require an architectural review, which includes a complete detailed description of the proposed project and probably signatures from neighboring properties.
“Your governing documents will often set the parameters upon which you need to get approval,” said David Stone, president and owner of Nevada Association Services and former president of two homeowners associations. “You always want to go back to your governing documents to see at what point you are obligated to get an architectural review and approval.”
Without the approval, a homeowner can face legal actions that may require them to restore the property to its original condition or pay for the costs of the association’s lawyers, he said.
In extreme cases, fines can be levied or the association will restore the property and bill the homeowner for the work, said Bill Peterson, president of the Shadow Hills Master Association in northwest Las Vegas
Peterson said the main purpose of the architectural review is to keep the integrity, design and flavor of the community intact and not allow minor changes to impact the community as a whole. For example, a project could change the drainage on a piece of property, which in turn would affect surrounding properties.
The project also has to comply with city codes, said Andy Maiden, president of the Waterfall homeowners association in North Las Vegas.
It’s very important that homeowners submit a request that is as complete and detailed as possible, as well as legible and understandable. That will help prevent delays in getting approval by having to make corrections and resubmit the request, Peterson said.
“Different associations require different things. Obviously if you’re building a patio, there’s a lot more required than if you’re just planting bushes in the front lawn,” said Barbara Holland, a certified property manager and columnist who writes about homeowners association issues for the Las Vegas Review-Journal.
In some cases, it could be architectural drawings and others may require a financial bond and/or proof of insurance from a licensed contractor.
Additionally, the architectural review committee can make suggestions to help improve the project as well. Maiden said he is well versed on the types of plants that do well in his neighborhood.
“I look closely at the plant material as I know what works in this zone — through trial and error on my own,” he said. “Just because they have a certain plant in the nursery, does not necessarily mean it will do well in your backyard.”
Practically all associations request that neighbors sign the architectural review request so they have knowledge of the project. But, said Holland, their approval is not necessary for the project to get approval.
It’s more of a courtesy, said Maiden and Peterson. Having neighbors sign the request prevents them from being surprised when a truck dumps a load of landscaping rocks on the street or if a pool pump will be installed near their bedroom window. It also can inspire them to make improvements to their own property, Maiden added.
Once the architectural review committee or homeowners board of directors approves the project, it will send a conditional letter of approval. Holland said the letter is conditional because it stipulates that the project must be completed exactly as approved; any changes must be approved as well.
She also said the letter should be kept with your mortgage papers so that when you sell your home you have proof that the improvements to your property were approved. Without it, there could be financial repercussions from the association or new owner.
There are, however, a number of smaller home-improvement projects that can be done without an architectural review that will still make the yard a more enjoyable place to spend time.
Maiden suggests planting colorful flowers in portable pots. “They add loads of color and don’t require an architectural review.
“If a homeowner wants to spruce up the backyard for summer, there are a lot easier things one can do. Just decorate it.”
He said an umbrella and new patio furniture also can help the backyard spring to life.
