Homeowner urged to petition association over clipping of hedge

Q: I suspect that I have some problems over representations made to me during my purchase of the property which are not reflected nor provided for in the rules of the association.

Can you shed any light on the obligations of the association to honor those Realtor/developer representations with respect to my use and enjoyment of my home pursuant to my purchase agreement?

When we purchased our home, we were promised that we would be afforded privacy in our living area and that the grass in our yard would be maintained. I am now a widow and live alone and my need for privacy, including the important aspect of security, is greater than before.

My need to be free from invasion of privacy, harassment, discrimination and rude and thoughtless treatment is at least equal to the needs of all the landowners and tenants here.

For most of the time that I have lived in this community, the hedge on the north exterior wall between my house and the street was maintained at a height between 12 to 18 inches higher than the top of the wall.

That extra height provided me with the privacy and security from traffic and people who can observe me and the contents of my house and harass me while I am inside and outside my house.

The landscaper has trimmed the outside hedge to a level lower than the height of the wall, and my privacy and safety were greatly, dangerously and distressfully reduced.

I have asked the community manager to instruct the landscape company to take immediate steps to resolve this simple but serious problem by allowing the hedges to grow higher.

Because of allergies and dust, we were partially induced to purchase our home here because of the grass which covered the yards.

It was a terrible disappointment when the consideration of public need for conservation of water brought about the desert landscape of much of the yard area. That immediately turned my side and backyard into a dry dusty place and I could no longer stay outside.

At the time of the desert conversion, only my front lawn sustained the removal of the grass. In the middle of beautiful green lawns in the front, my house stands alone in having the reddish gravel-size rock and large stones. I have asked the community manager to replace my grass.

I am also concerned about the fact that the landscape company workers use powerful blowers and blow the loose dirt, dust, twigs, dead leaves and other debris into the alcove of my front door.

I suffer from severe heart and lung trouble and cannot endure the dirt and dust or the physical exertion of having to clean my front entrance to my house.

A: There is a major difference between the purchase agreement and the governing documents of an association. It is imperative that the potential buyer carefully reads both documents and, if necessary, contacts legal counsel to clarify questions. Over the years, developers have clarified their purchase agreements, with detailed disclosures on topics from floods to earthquakes, and noise pollution, etc. If you closely read the documents you will find that developer is not warranting quiet, use and enjoyment of the home, nor warranting privacy, security or a view.

In the reader's case, the purchase of her home was long before the many laws were passed to better protect the buying public. As a result, there is little recourse she has against the developer.

As to her problems with the association, unless there was a specific reason why the hedges were trimmed below the top of the wall, the association could accommodate this homeowner by allowing them to grow back to their original height.

As to the desert conversion, per the reader's letter, all the other homes have front lawns with green grass -- obviously something has happened. Either her home was the first one to be converted or it was converted by accident. In any case, the association's community manager should respond to her letter and clarify the situation. If all the other homes' front lawns have green grass, then her front lawn needs to be converted back to grass.

As to her final complaint, this is not uncommon where landscapers are blowing debris towards the homes. This is a simple directive and should be imposed across the board by the management company to their landscape supervisor who is responsible for this community.

Barbara Holland, certified property 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.