TV reporter barged into neighborhood

Q: Are there ethical rules a TV reporter must follow when they chose to film a story in a private, gated community?

A reporter was invited into the community by a resident to do a story. She and her cameraman arrived in an unmarked vehicle so no one in the community knew of their presence.

I was taking my daily walk that day and they put me on camera without my permission and then presented it to their television audience in a distorted way. I believe the story was manipulated to be misleading. I also believe my personal space was invaded in my gated community. These are private streets not public, as they are maintained by our homeowners association.

So far I have not had an adequate explanation of what I consider to be non- compliance in ethical reporting from either the reporter or the television station. Are there any set rules for reporters and where could I get this information?

A: I would recommend that you contact an attorney.

Q: I was told that there cannot be any changes made to the structure of our home. My question is: We have a few homeowners who put up awnings that extend out onto their front patios. The homeowners did this before we had an architecture review committee to approve changes. The purpose, I was told, is that they can go from their front door to their garage without getting wet and also it was a sun barrier. The garage is connected to house but does not have a door to go into the house.

Some HOA members who are on the board of directors (the ones whose architecture review committee submittals were rejected) want to approve the awnings on the front patios .

How can we turn some down, then approve others? I’m not sure what to do and our property manager said it was at the discretion of the board to approve. Our neighbors now might think we pick and chose who can have them. Some are even falling apart because they were put up by nonprofessionals.

A: You sent me the section of your community’s covenants, conditions and restrictions that addresses architectural issues. Section 8.2 states that a homeowner cannot make changes without the express approval of the architecture review committee.

In considering whether to approve or reject an architectural request, the covenants state the committee shall approve the submitted plans and specifications only if it deems the change will not be detrimental to the appearance of the surrounding area or the properties as a whole, that the appearance of the structure will be in harmony with the surrounding structures, that the structure will not detract from the beauty, wholesomeness and attractiveness of the common elements or the enjoyment of the members, and finally that the homeowner agrees to upkeep and maintain the structure so that it will not become a burden to the association.

In addition, section 8.8 allows the committee to grant special variances from compliance to homeowners. That in no way negates the association’s architecture restrictions.

As you can see, your covenants allow much authority to the architecture review committee as to its decision making. As a result, over the years, different members of the committee have made different decisions as it relates, in this case, to the approval of awnings. It would appear that the association could approve the continuation of awnings being attached to the homes as long as the committee approves them per the specifications of the covenants.

Barbara Holland, certified property manager, broker and supervisory certified association 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. Fax is 702-385-3759, email is support@hlrealty.com.