Condo owner wants to keep lattice on patio

Q: I bought my condo July 1, 1997. The patio was covered, and lattice was placed from the top of the fence to the top patio covering. I lived three doors down from the longtime vice president of the homeowners association. His unit also is covered with screening that is not lattice. He died this past summer, and the place is vacant with the screening still up.

Anyway, our covenants, conditions and restrictions state no lattice on patios, but I never thought anything about it as nothing was ever said that it had not been preapproved by the previous owners or the association. Several of the units have totally enclosed their patios and made them part of the living/dining area. This is done with prior approval.

The association rebuilt my fence in 2007, and I had their worker replace my cover and lattice work. He painted the new lattice with the same paint as the fence. I was unhappy with the material he used on my patio covering, and I sent him a complaint letter. I sent a copy to the association and the vice president. I told him about how unhappy I was with the work he did.

Now, seven years later, they are telling me I have to take the lattice down because the community rules do not allow it. I am sure everyone in the complex with lattice and screening also received the letters. I have requested a hearing where I will get three minutes to speak.

Last summer, the HOA newsletter stated that lattice and coverings were not allowed on patios. My neighbors immediately tore down their old covering and replaced it. I called the association and told them that was how I purchased it and asked if I could be “grandfathered in.” The person I spoke to several times never got back to me with an answer, and she is no longer with the association.

I have pictures at the time of purchase and current pictures, and it is in great shape. I would understand that at the time of purchase I was told that it had not been approved and I had three months to remove it; or when it was no longer in good shape it had to be removed and not replaced; or if I sold it had to be taken down – is there any statue of limitations law that after 17 years they can’t make me take it down as long as it is in good shape?

A: You have stated the governing documents do not allow the lattice on patios. For whatever reason the association is now enforcing that regulation. At the HOA board meeting you should present your case to be grandfathered in since the lattice work has been in existence since 1997. If the board decides that the lattice work must be removed, you can contact the Ombudsman Office at the Nevada Real Estate Division for assistance. There are a number of programs being offered by the division, including intervention and or mediation.

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, Nev., 89125. Fax is 702-385-3759, email is support@hlrealty.com.