Management company can take over even if records are chaotic

Q. Your recent article about homeowners who disturb board meetings makes me smile. We have just the opposite problem. Our self-imposed acting president is more like a dictator. The ombudsman's office will be investigating the matter.

He doesn't know what he is doing; does not put things in writing and spends association money without homeowner approval. He is bringing in a management company. What I would like to know, must our records such as financial reports, be in order for the management company to take over?

A. Obviously, if records are in order, it is easier for the management company to make the transition. If the records are not in order, an experienced management company should be able to assist the association and help organize the records.

Q. In one of your articles, you stated that there should be a treasurer's report at the board meeting, that it is required by law. I have been unable to find this requirement in NRS 116. Please provide the specific reference.

A. Refer to NRS 116.31083, subsection 6. It states: "At least once every 90 days, unless the declaration or bylaws of the association impose more stringent standards, the executive board shall review at a minimum, the following financial information at one of its meetings -- a current year-to-date financial statement of the association; a current year-to-date schedule of revenues and expenses for the operating account and the reserve account, compared to the budget for the association; a current reconciliation of the operating and reserve account; and the latest account statement prepared by the financial institutions in which the accounts of the associations are maintained (the bank statements)."

As you will note, the law does not use the words "treasurer's report"; instead it lists the financial information that must be addressed at least once every 90 days.

Q. It has just come to my attention that my association will be placing dog waste containers around the community. One of them will be less than 6 feet away from my patio.

Do I have any rights?

I have e-mailed the management company as well as the board members but they seem to think that this is a done deal. If the container was placed by the street, fewer people would be affected by the odor. I would appreciate any suggestions that you might have. I feel that this will be a health hazard and that I will not be able to use my patio. This will not help the value of my unit when it comes time to sell.

A. Ask either the directors or the community manager to walk the community with you to see if there can be an alternative location. If no one is willing to walk with you, take the walk anyway and see if you can find alternative locations.

Present that information to both the board and management company. If, finally, there are no signs of cooperation from them or no joint resolution, then you may want to contact the Southern Nevada Health District for their read on the situation. If they agree with you that the location can be a hazard to your home, they could intercede on your behalf.

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 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.