HOAs need to tape minutes

Q: I read with interest your last article "New HOA President faces problems."

Our problem is that our new secretary wanted to tape the minutes, to make sure she got it correct. At our last annual meeting, and the president reached over and turned it off and told her to leave it off. What are your thoughts on this and the proper way to handle the problem.

A: Apparently your secretary and your association are behind the times. In 2009, it became a state law that all meetings except executive sessions were to be recorded and made available to any homeowner who requested a copy of the recording. Your association is violating NRS 116.31083.

Q: My wife and I read your column all the time and find it very informative. One column contained an issue over a large dying tree.

We have a similar problem with a large tree that is not dying. We live in Southern Highland's Montecito subdivision. Montecito is a gated community so we have two associations.

Here is the problem. A neighbor of ours planted an Arizona ash tree in his rear yard, exactly 3 feet away from his rear block wall that is our side block wall.

This tree will grow to taller than 50 feet tall and as wide. The tree is literally 5 feet away from the side of our house and completely blocks the view from our kitchen window during the season before the leaves fall off.

I am always trimming it. When it does lose its leaves they are all in my yard, swimming pool and air-conditioning units.

I have talked with the neighbor and have offered to pay to have the tree removed and pay to replace it with a smaller-growing tree that does not lose all of its leaves. The owner wants nothing to do with this offer.

I have gone to the Southern Highlands Community Association, and it says there is nothing it can do.

I should go to our subassociation, the Montecito Homeowners' Association. In its covenants, conditions and restrictions there is a rule called view restrictions.

It basically says that no one can have something on his or her property that unreasonably obstructs another unit owner's view.

It also says that each owner shall be responsible for trimming, pruning and thinning, to keep from obstructing the view of adjacent owners.

We have filed a complaint with the Montecito HOA over a year ago. The first time they just closed the compliant with no action. It took months to find this out, because they hid behind the law saying they could not reveal what they are doing with complaints against homeowners.

A new board was elected. I was told that it met with my neighbor. At my request, it also met with me. Then I was told they want to meet with the other home owner again. That was to happen at their July meeting.

Now, we are back to: The board can't discuss anything with me because of the law. So, I have again requested to meet with the board at its October meeting. All of these meetings are in executive session.

My question is, how can I, for lack of a better word, force the Montecito HOA to enforce this rule. This tree clearly blocks our view out of our window in an unreasonable manner. We realize the HOA cannot force our neighbors to remove the tree, but they can fine them for the violation, and all they do is string us along three months at a time.

The tree just keeps getting larger and larger.

A: I know this is probably not the answer you want to hear, but the bottom line is that you may need to have legal counsel review your situation and the governing documents of the master plan and sub-HOA.

Have the attorney provide you with an opinion as to the relationship of the potential legal cost versus your success in having the neighbor, or the HOA, take any action with the tree.

The position that the tree is, or will continue, to block your view is not a strong one from a legal point of view. If this was an acceptable tree as to the arc guidelines then the blocking the view could be a losing battle.

As to them trimming and maintaining the tree, they have a responsibility. If their tree should cause damage to the shared wall, they have a responsibility to repair the damage at their expense. This may be a matter where you will need to take your neighbor to small claims court in order to reimburse your out-of-pocket expense for maintaining the tree or repairing a wall that may become damaged in the future.

You should be taking photos and videos of the wall as well as documenting any correspondence to the HOA board and to the homeowner. If you have not sent a formal letter to the neighbor, you need to send one and to place the neighbor on notice.

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.