HOA should accept model home landscaping

Note: I want to apologize to my readers who arrived at the Southern Nevada Health District only to find out that the Health District administrator had pulled off from the agenda the public hearing on the proposed pool regulations. I was informed about this decision at 7 p.m. Wednesday evening. So it was impossible to relay this cancellation to my readers. The next meeting is scheduled for June 22. I follow up on this issue in a later column.

Q: I bought a model home more than five years ago; and as you probably know most builders seem to over landscape these homes and usually don’t seem to follow the covenants, conditions and restrictions or architectural review committee.

Since I bought the home I haven’t made any changes to the landscaping. Can the board force me to comply with the governing documents concerning landscaping? One board member has an issue with bushes covering up the base of the tree so you can’t see

One board member has an issue with bushes covering up the base of the tree so you can’t see where the trunk meets the ground. Another one has stated that fake grass isn’t desert landscaping. Oddly, my landscaping seems to match the community landscaping, as far as trees and bushes being planted close to each other. Of course, since this was a model home no paperwork exits approving the landscaping. Does there need to be some?

If I was a second owner and the board didn’t say anything to the original owner about not being in compliance, could the board enforce compliance? It would seem that since the board gives the new owner the governing documents something would be said about the home not being in compliance.

I look forward and enjoy reading your column.

A: Your homeowners association would have a hard time convincing an arbitrator or judge to rule in its favor. A number of weeks ago, I had a guest columnist, attorney John Leach, address the issue of architectural enforcement. As a result of the existing conditions at your home for a number of years and assuming the association had not taken any action, you would probably win your case.

The law does not use the term, “desert landscaping.” Nevada Revised Statute 116.330 pertains to the right of homeowners to install or maintain “drought-tolerant’ landscape. In addition, the law states the provisions under this statute are to be construed liberally in favor of “effectuating the purpose of encouraging the use of drought-tolerant landscape. Section 3 of the law defines drought-tolerant landscape to mean landscaping that conserves water, protects the environment and is adaptable to local condition. The term includes, without limitation, the use of mulches, such as decorative rock and artificial turf.”

Your “fake” grass meets the legal requirements.

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

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