Homeowner wants neighbor to trim trees

Q: I have a neighbor who planted mesquite trees that are invading my property. These trees are extremely messy and this neighbor refuses to clean up the mess it causes on my property. I have also caught my neighbors blowing this mess from their yard onto my yard.

Several tree limbs are poking at my roof. The limbs are closer than 6 feet from my roof. My homeowners insurance contract says anything closer than 6 feet can void my contract. I was told this is standard for most insurance companies, which means that the homeowner probably also is in violation. These trees have caused me so much anguish and frustration because they disrupted my satellite reception. The Nevada Real Estate Department informed me that it is against Federal Communications Commission regulations to prohibit and or restrict communication reception.

The Dish Network technician has been to their home twice to tell them to trim the limbs of their trees. After the third time of experiencing lack of reception because of these trees, Dish informed me that there was a $150 charge for them to come to my home and relocated the dish. After looking at the history, Dish Network decided not to charge me the relocation fee. They thought it would be more cost effective for them to move the dish and retain me as a customer. These tree limbs have also impeded the growth of my plants. It is just a matter of time when these tree limbs again will disrupt my reception.

Our homeowners association rules has a nuisance clause, and I have used this to submit complaints. These neighbors were informed in writing they needed to clean up the tree debris and to trim the limbs that are putting my homeowners insurance at risk. It is a requirement for all homeowners to maintain homeowners insurance. I have also placed a complaint with the Neighborhood Justice Center. I was informed by the center that more than 10 days have passed and these neighbors have not acknowledged the letter they sent.

Is there anything you suggest for me to do outside of taking them to court? I would rather go to court than pay the $300 per hour arbitration fee you mentioned in your article.

A: The column you are referring to was about the referee program, mediation and arbitration of conflicts between homeowners and their associations. These programs are not designed for conflicts between homeowners. You did the right thing by trying to bring this issue to the Neighborhood Justice Center, which is part of the Clark County judicial system. Unfortunately, this is a volunteer program and your neighbor has opted out of any mediation with you.

There may be regulations within your governing documents that the association can enforce against the homeowner, but even then all the association could eventually do is to fine the homeowner for noncompliance.

You should inform your management company of the problem and see if the association will assist you, as their noncompliance could be considered a health and safety violation (fire jumping from one house to another using the trees as a conduit between the homes). You could also check with the city or county’s code enforcement divisions to see if they can assist. If all else fails, you may have to meet with an attorney to file some injunction with the courts.

Q: I live in a 510-unit town-house complex. A new board has been elected as the old board members were not honest. The new board consists of all female officers and directors.

A homeowner who is new to the community and whose spouse lost in the last election told speakers and homeowners to “shut up” in a loud, threatening manner. Whether he has a mental or substance abuse issue is not my concern. My concern me is how he attempts to direct the meetings in this manner.

He dresses like a gentleman and acts like a buffoon. He is not respectful of our new board.

Should the new president and board mail him a letter to curtail his speech, or he be told to leave the meetings?

Many of our homeowners are elderly and frail and are intimated by him.

A: The board should send the homeowner a letter stating that board meetings should be conducted in a mature, professional manner. The president is the leader for the association and is responsible for conducting the meeting. The president will recognize board members and homeowners before they speak on any topic. If he continues to act in an unprofessional matter, he will be asked to leave the meeting.

At the meeting , if he continues to act inappropriately, the president has the option of recessing the meeting for a five or 10 minutes to allow you all to tell him to settle down or the president can adjourn the meeting because of his disruptions.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to the Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 702-385-3759, email is support@hlrealty.com.