Communities need to establish design guidelines for condo shutters

Q: In the year 2004-2005, a directive edict from our governor was received giving permission for outer shutters for condominium associations.

Our board recently advised against this and in fact said that a fine would be imposed if the shutters were attached to any unit. I would appreciate your opinion and advice on State Bill 100.

A: Regardless of whether State Bill 100 passed (I think the reader meant to say Senate Bill 100) and regardless of whether the governor signed an edict (I don’t think the governor has the authority in this case), NRS 116.2111 (2b.3) addresses the shutter issue.

“An association may not unreasonably restrict, prohibit or withhold approval for a unit’s owner to add to a unit, shutters to improve the security of the unit or to reduce the cost of energy for the unit.”

The law continues by stating that any improvement or alteration made per subsection 2 that is visible from any other portion of the community must be installed, constructed or added in accordance with the procedures set forth in the association’s governing documents.

For example, an architectural request must be submitted by the homeowner.

In addition, the improvement must be selected or designed to the maximum extent practicable to be compatible with the style of the community.

The reader needs to inform the board that it is not in compliance and that fines should not be imposed.

What the association should be doing is to establish the criteria for the shutters that will be in concert with the NRS 116 statute.

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 Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

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