Holiday lights, legal fees and a wind chime concern readers

Q: Four homeowners, including me, want to put up Christmas lights in an area we share. One owner e-mailed the president of the board with the information and got the response that it is too much of a liability to have these lights behind those houses. We have a desert rocks behind our houses, so no one is venturing through the yards. The bylaws stipulate that we can't put things on the common areas -- we must stick to our patios. I think this is outrageous that we can't put up lights in our area.

I don't know what the penalty would be for this. I just think this should be overlooked and the president of the board should get with the season.

A: If your bylaws indicate that homeowners can not place lights or anything else in the common areas, your decorations will have to be placed in your patios. The state law requires equal enforcement of the rules -- if an exception is made for Christmas, how many other exceptions would have to be made? Since I do not know what your community looks like, I am unable to comment as to whether there is a liability issue. I realize that this may not be in the spirit of the season but the association president is technically correct.

Q: Our condo association board has incurred a debt of $15,000 in legal fees as a result of various frivolous issues that needed legal action. The other owners were not aware of these legal contacts. The actual debt was $ 30,000 but the attorneys were kind enough to reduce the debt if paid in cash. The board is considering paying the $ 15,000 from the reserve funds. Is it allowed to use the reserve funds for this purpose?

A: The answer is no. NRS 116.3115 subsection 2 does not allow the association to use funds for the purpose of paying legal fees. "The reserves may be used only for those purposed, including, without limitation, repairing, replacing and restoring. ..." It is to be used only for major components of the common elements. Your association board will probably have to pay them through a special assessment that will require approval by the board and by the homeowners.

Q: I purchased a home in 2007. We have a master homeowners association for the community and a specific HOA for our development/builder. As I read the covenants, conditions and restrictions, there is a rule against nuisances and disturbances.

My neighbor has put up a wind chime that I find to be irritating and infringes upon my ability to use my front courtyard or garage for my hobby on windy days. I wrote and complained to the development HOA and they sent a letter asking the neighbor to remove the wind chime. The neighbor appealed and was told they could keep the wind chime. I complained a second time and was told the decibel level was immeasurable and therefore there was nothing the HOA can or will do.

My opinion is that it is high pitched and does not move a large volume of air so it can't be measured like loud music or exhaust.

Do I take this issue to the community HOA, call the police or sue? Before proceeding I would appreciate your advice on this issue.

A: This is a type of issue that community managers and boards have a difficult time in making decisions when there is a conflict between two owners of this nature. On one side is the owner who wants to have the wind chimes. On the other side is the owner who believes that the installing of the wind chime may be in violation of the governing documents of the association or, in this case, is a noise factor.

If the reader were to call the police department, the reader would probably discover that the noise from the wind chime does not meet the minimum standards of the noise ordinance and the police would probably do nothing.

You could take this complaint now to their sub-association board to see if they want to take any action. Unless there is a technical reason such as a violation of the governing documents that disallows the wind chime, the reader may just have to live with the wind chime.

Is it worth a law suit? Not really.

Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. To ask her a question, e-mail support@hlrealty.com.