Board can’t move owner’s stuff in garage

Q: I'm on the board of a small condo complex. Due to a water leak, we did maintenance on one of the units that required our vendor to go inside the home.

The homeowner appreciated the outside repair but didn't allow the vendor in to do the interior work saying he wanted to "clean up a bit" first.

In checking we discovered this homeowner is a "hoarder." The condo has a shared garage and his section is crammed full with things.

The other unit owners in that building have been tolerant, but I don't believe the board can be. There is a vehicle in the garage covered with boxes and bags, which is in violation of the community's covenants, conditions and restrictions.

There could be interior damage to the unit as a result of the leak and worse case, even mold. Since we have shared interior walls, it could impact other units.

We've notified the homeowner about the garage and sent him a letter asking for access to inspect and repair the interior of the bedroom. There's been no response. Once we go through appropriate compliance steps, can we remove the items in the garage without his approval? And what do we do about the interior damage?

A: Contact the Southern Nevada Health District. This agency may be able to assist the association especially if you believe that there may be mold on a common shared wall. As to removing any personal property, you would need a court order.

Q: My question is on Section 30, subsection 6. We purchased our condo before our CC&Rs were amended to limit the number of units to be rented to 10 percent. Therefore according to the new law we would be within our rights to rent out our condo. Is my understanding correct?

A: Per the 2009 laws, you would be able to lease your home and not be part of the 10 percent cap on rentals.

Q: Are we allowed to publish a list of addresses that have been notified of violations in our newsletter? No names, just addresses and the violation.

A: I would not as you would be violating privacy laws.

Q: The family living behind me has a tree that is taller than 30 feet. It is slowly dying due to lack of water and proper care. There is a 5-foot concrete block wall between the tree and our houses. The tree is leaning toward my house. If the tree falls, it could knock down the concrete wall and hit my house. Can I do anything to prevent this? I live in Summerlin; and do not get along with this family due to their barking dog. If the tree falls and causes me damage, are they at fault?

A: Yes, if their tree should fall onto your property and cause damage, they would be responsible for the damages. The problem is in the collecting of money from them. You would have to file a claim against them in small claims court or district court depending on the amount. They probably have insurance coverage and hopefully they would file a claim. If not, you could file a claim with your insurance company and then sue for the deductible, which most likely would be a small claims action where you would not need an attorney and it would be cheaper for you.

You should send a letter with a photo to your association and see if they are willing to send a violation letter to the homeowner.

There is a chance that the association may not get involved as your board may view it as a homeowner-to-homeowner problem. Look at your covenants and or architectural guidelines.

Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. To ask her a question, email support@hlrealty.com.