Golf course mowers annoy ill homeowner

Q: I have heard stories about how homeowners associations treat people; but, until now never realized how bad it really is.

I wrote a letter to our board of directors, all golfers, concerning a very difficult situation. Our home is located within about 50 yards of the community's golf course, which opens at 6 a.m. Several times a week, huge mowing machines are close to our house at 5:30 a.m. The noise is very loud and the vibration is nerve-racking.

What makes this whole scenario difficult is that I am under medication for a heart condition; and, I cannot be instantly jolted awake by the noise and vibrations of these machines at such an early hour. I am anxious that, one day, it will cause a heart attack. As if that wasn't bad enough, May 2 I had serious surgery from which I am recovering for the next two to three months.

Lastly, I informed the board that there is a noise ordinance for the city of Las Vegas. Nevada Revised Statutes Ordinance 9.16.020 states: "Noise of such character or duration as to be detrimental to the life or health of any individual, or in disturbance of the public peace and welfare is prohibited."

The board ignored the fact it was violating a city ordinance. Its response: "While we sympathize with your health situation, we must continue with the maintenance schedule as it exists."

Sympathy? This does not exist. Their golf obsession is so great they are willing to ignore an existing ordinance and, my health be damned!

A: The bottom line is for you to contact the city and file a formal complaint, since there is a specific city noise ordinance. It is the city's obligation to enforce its codes.

Q: We have a rat problem in our community. We see them running around at night in our neighbor's tree. Below is the response I received from our management company. I would like to know if there is anything I can do to glean information from the management company as to what has transpired. Their answer seems evasive.

"We are working to have this rectified but unfortunately due to privacy laws I am unable to provide you with any details pertaining to this matter. This said, if you are continuing to notice issues, please keep me informed so that we can continue to address this. Thanks for your help!"

A: The association cannot explicitly inform you as to the actions being taken by them against your neighbor because of privacy issues. You could take matters in your own hands and contact city or county agencies' public response offices and ask them for their assistance by investigating your complaint.

Q: I enjoy your column in the R-J; and now I would like to ask a question about my homeowners association board. We live in a community where the HOA board is also in charge of the golf course and bar/restaurant operations. For the last 10 years both entities have lost money, but last year it was especially shocking. I am not an accountant so I might be missing something, but the income and expense statement summary dated December 2011 showed a total loss of $136,666 for the golf course and a $12,244 loss for the bar and restaurant. In light of these numbers our HOA dues were subsequently increased. Additionally, I believe we had to borrow $50,000 from the reserve account to pay bills in October.

Also, I cannot understand why the board plans to install speed humps over two miles of the road we use to access our neighborhoods. May I point out that speed bumps were taken out several years ago because "they were against fire code."

Is there anything, we as homeowners, can do to stop the board from overspending and especially stop them from installing speed humps?

A: You need to change the composition of the board, which requires volunteers who will be more prudent with your income and expenses. You could start a petition but that would not prevent the board from taking action if it wanted to ignore the request. You may want to research the issue with the fire department as to whether the association can install the speed bumps. You also may want to contact the association's insurance company as to its position regarding speed bumps. Depending upon the responses, you may have more "ammunition" when talking to your board.

You should also check to see if this expense was in the 2012 operating budget that had to be ratified by the homeowners.

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, or she can be reached by email at support@hlrealty.com.