Homeowner could get car towed

Q. I have a question about someone who refuses to comply with the covenants and rules and regulations. This person has refused to move her vehicle from a guest parking space for more than three months now and has been fined. I would like to know if there is any legal reourse that can be taken, instead of just fining her, as she ignores the regulations and the covenants continually.

A. Assuming that your governing documents address the parking issue of guest parking spaces, your association could not only fine the resident but could tow her car from the property. You will have to follow due process by notifying the person that her car will be towed for noncompliance if she continues to park in the guest parking space.

Q. I live in a gated community with a small pool. The problem is this: In the last two years, we have had two management groups and neither one has had the gate closed or repaired. All we keep getting is a lot of estimates of what it will cost and nothing gets resolved. The management group from October 2005 to October 2006 took their fees and ran. They opted not to renew their contract. I feel that the current management group will do the same.

The question is this: What recourse do we have? What agency or group do I contact to try to rectify this situation? I feel that we should get some management fees returned to us because they are not really earning them. Short of hiring a lawyer, what do I have to do to resolve this ongoing problem?

A. It is not clear whether the problem in this association is that of the management company or of the board of directors. The reader states that the two management companies have not been able to get the pool gate repaired. The reader indicates that the association keeps receiving estimates but nothing is done. Management companies can procure bids or estimates but only the board of directors can make the decision as to which bid or estimate is selected.

Most management companies do not give notice to an association after one year of management unless there are serious issues with the association or with the board of directors. The reader does not indicate whether or not the board had issues with the management company that led the management company to resign as opposed to being terminated by the board. The reader indicates that he thinks the current management company may leave, too. If that is the case, there appears to be more issues than what may be apparent to the average homeowner who is not a director.

The problem may actually be that of a board unwilling or unable to make decisions or to expend the money to make repairs. In the reader's case, it is not clear why the closing and repairing of a pool gate would be such a major problem.

Prior to taking any action to obtain a refund from the previous management company, the reader should obtain more facts.

First, you would need to review the management company's contract and determine if the management company failed to meet its responsibilities and functions as written in the contract. Second, you would have to obtain the estimates pertaining to the pool gate. You may find that there is a serious problem that will increase the cost of repairing or to replacing the gate. Finally, you would need to read the board minutes to determine if the delays were due to the board's inaction, or if the board was not satisfied with the previous management company's services.

If you discover that the management company did not properly service the association and that the association should receive a refund in management fees, you can contact the Ombudsman's Office to see if they can assist you through intervention prior to contacting an attorney.

Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors. Questions may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759. Questions may be edited for spelling and grammar.