Condo pigeon problem is health and safety issue

Q: I have written to my homeowners association twice with pictures concerning a pigeon problem, asking for some direction, and I get no response.

My next-door neighbor has a small dog she keeps outside 24/7; doesn't matter what the weather conditions are outside. (This is another issue.)

She feeds it dry food in a bowl, which is outside in her backyard all day.

In the morning when I make my bed, I can see close to 50 pigeons in the yard on the fence, my fence, neighboring homes, most are eating the dog food.

This is a major issue with us; our yard is covered with feathers and feces. In addition to this, each and every time we go into our yard, we have scores of pigeons flying overhead. It's a matter of time before we look like our gas grill.

My backyard is disgusting, and I take great pride in keeping my home and yard nice looking.

This neighbor is renting. Most of us own our homes. She doesn't care.

In the past, we have reported her to animal control and our HOA for the dog crying and barking. She has left nasty notes on our door because of it. I have sent copies to the HOA documenting the incidents.

A: This is a health and safety issue. Your association should become involved and send her a hearing/fine notice. If the association does not want to become involved, you should contact code enforcement for the municipality and/or contact the Southern Nevada Health District.

Q: I live in a condominium on the top floor. When we had the storm in August, it was determined that there was a leak in my roof. It caused a "water bubble" in the wall of my kitchen area.

My HOA contact got repair estimates for exterior and interior damage. She said the HOA was responsible for the interior damage. The roof has been fixed, but the HOA board has said I have to pay for the interior damage. My HOA contact and I believe that I should not have to use my homeowners insurance to cover damage that was done because of the roof.

A: Unless your governing documents state differently, you would be responsible for the interior repairs to your home. The only possible exception would be if the association had known the roof had been leaking and never repaired it, and consequently your kitchen wall was damaged.

Q: Can a lessee/tenant, who has at least a one-year lease, and has signed a document stating she has a copy and has read and will abide by the governing documents of an association, be fined if he commits a violation of those?

A: The association documents that you are giving to the tenant need to be explicitly stated that it is being incorporated as part of the lease agreement, with tenant and landlord or landlord's representative signing to that effect.

In addition, it should be explicitly stated that any fines and/or charges assessed against the home as a result of the tenant or her family and guests will be treated as additional rent owed to the landlord, with proper notification of fines and or charges.

Obviously, both the owner and the tenant have a right to a hearing to refute the allegations of association violations.

Note: The state Ombudsman's Office has scheduled several free HOA classes in December Some are: Effective Communications and Conflict Resolution, 4-6 p.m. Dec. 3, Desert View Community Center, 10360 Sun City Blvd., on the corner of Thomas Ryan and Sun City boulevards in Summerlin; An Overview of HOA Living, 5-7 p.m. Dec. 4, Quail Estates West, 2851 S. Valley View Blvd.; and Open Q&A Forum, 8-9 a.m. Dec. 7, Bradley Building, 2501 E. Sahara Ave.

All classes are free and open to the public. To register, call Ken Richardson at 486-4480.

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