Swimming pool gate should open from inside

Q: What is the exiting requirement regarding the locking device for the swimming pool at our homeowners association?

My HOA can't tell me. A key/card is needed to exit the fenced-in swimming pool area. Is that legal? I live in Green Valley Ranch, and recently had to let someone out of the pool area because someone else left with their key, and was delayed in returning. It seems to me that one should be able to exit any area without the use of a key/pad.

A: Usually gates need to be opened from the inside of a pool area so that anyone can exit at any time. So that I don't give any wrong information it would be best to contact the Southern Nevada Health Department.

Q: My main water line between the meter and the house has a leak. I have tried with the HOA to have it repaired quickly since I feel in danger of losing my water supply. I had arranged to have it repaired but was stopped by the HOA because of the concern about who is responsible to pay for this repair. I have offered to pay for it until a decision was reached, but was denied.

A history: The water line was broken by landscapers over a decade ago when they were digging a hole to plant a tree. The line was repaired and they planted a tree on top of it. The tree that was planted is a Raywood ash, which has a history of destructiveness.

When I notice a large increase in my water usage I did some preliminary checking and then called a plumber. A water leak detection company was hired and the leak was detected under the tree. The technician for the water leak detection company recommended replacing the entire line since this would be the third repair. I notified the HOA and scheduled a tree removal company and the plumber. I was given tentative approval but that was later denied. This denial came via email after I had hired someone to dig out the line. The board was submitting this to an attorney to decide responsibility.

I have contacted the state's ombudman's office, HOA management and board members numerous times. I was sent a bylaw by the management office that I thought was suggesting I was harassing the board member After this, I contacted an attorney who suggested that I give the HOA a deadline. This I have done. My biggest concern is my water line breaking completely and not having water. This has dominated my thoughts and it is definitely stressful.

A: A little common sense goes a long way. If you had offered to pay for the repairs until a decision was made as to who is responsible, the association should have accepted your offer. If they were so concerned that you would renege on your promise, they could have asked you to sign some agreement. I can understand why you feel stressed and that you have probably been calling the management company on a daily basis. At this point, you may be required to contact an attorney to assist you in this "€œstalemate"€ situation.

Q: My HOA just approved a $2,000, special assessment on each lot. They want to replace some trees, watering system, work on the gate, etc. Anyway they’ve started billing the homeowners and no work has been done. Personally, I'm not against the idea, if they do a good job and the value of my unit, hopefully, goes up a bit. My problem is paying for something that hasn’t been done and I have no guarantee that it ever will be. Is it legal for the board member’s to operate in this collecting money for work that isn’t done? I would just hate to pay that money and never see any work done.

A: It is not unusual for a special assessment to be collected in advance of the work to be done because of contractual requirements of the amount of money that may be a down payment and the scheduling of money to be paid to the contractor based on completion of phases. Also, with landscape work, such as planting of trees, there may be a specific time period for the work to be done because of weather. You would have an issue with the association if the money assessed was not used for the projects.

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 80360, Las Vegas, NV 89180. Fax is 702-385-3759, email is support@hlrealty.com.