Law states drought-tolerant landscaping allowed
Q: I have been trying to get approval for my Association of Residential Communities application about changing my landscaping and it was denied. It was suggested by the president that my landscaper and me attend an executive meeting to discuss my application to install drought-tolerant landscaping. I notified them via e-mail I was attending. I was then notified via e-mail that my presence was no longer required, but I may attend the regular session.
This process has taken three months with much frustration and three minutes in the regular session is not enough time to alleviate the confusion caused by not having a set standard that can be verified by math. I have asked on numerous occasions for the calculation (square footage of conversion area minus the value of plants) that was used to deny my ARC application for not being in compliance with our section 4.1.b. I don't understand their denial that my plan is not 50 percent green due to the fact that there are no dimensions on my design and no one has asked for the dimensions.
What I am seeking is for them to revise their evaluation process and to show that they are working with homeowners when it comes to water conservation for the future of our valley. The decision was reached by my sub-association and it has been forwarded to the master association for the final answer.
If I ask for the name of the architectural firm that denied their ARC submittal, is the homeowners association and management company obligated to disclose such information?
Can the board deny me the opportunity to speak to the board during an executive session?
What can I do to make changes?
A: In obtaining more information from you, the management company informed you that your design for the front yard desert landscape conversion did not meet the association's architectural guidelines, section 4.1.b. You are converting 500 square feet of grass and, according to the Southern Nevada Water Authority conversion charts, you need to convert at least 250 square feet to qualify for its water smart program. The response that you received was that the association does not use the same standards as the SNWA.
The management company should have first sent to you a copy of the architectural guidelines. Generally speaking, architectural guidelines are developed by the developer and later modified by the unit owners once the developer is no longer involved with the association management. The standards in the associations' guidelines could have been arbitrarily determined by the developer. In some cases, the standards were required by the municipality where the community was being developed.
In your case, the association's architectural guidelines as to the conversion to drought-tolerant landscape may not be consistent with the state law and may need to be modified. NRS 116.330, section 1, 1a, and 1b states as follows: "The board shall not and the governing documents must not prohibit a unit owner(s) from installing drought-tolerant landscaping without limitation of their front or backyard that is part of their unit that they have the right to occupy and exclusively use. Before installing the landscape, the unit owner must submit a detailed description or plan for architectural review and approval." So far, you have met this part of the law.
Section 1.b states that the landscaping must be selected or designed to the maximum extent practicable to be compatible with the style of the community. Now the association could argue that this is not the case per its section 4.1.b. But, and this is a big but, this part of the law was modified in 2009 as follows: "The provision of this subsection must be construed liberally in favor of effectuating the purpose of encouraging the use of drought-tolerant landscaping and the executive board shall not and the governing documents must not unreasonably deny or withhold approval for the instillation or unreasonably determine that the drought-tolerant landscaping is not compatible with the style of the community."
You need to bring this to the attention of both the management company and the board of directors. If section 4.1.b only pertains to the amount of landscape that can be converted to drought-tolerant, it would appear in your case that a variance must be granted to allow you to install landscaping.
As to your other questions, unless you are on the executive hearing agenda, you do not have the right to speak. You have the right to speak during a regular meeting. To make changes in your community, volunteer to be on the architectural committee. That would be the most direct way.
Barbara Holland, CPM, and Supervisory CAM, is president of H&L Realty and Management Co. To ask her a question, e-mail support@hlrealty.com.
