‘Ugly house’ brings entire neighborhood down

Q. We have had this problem since the development was established in 1998.

It is quite sad when you are walking your dogs and your children are with you and shout "ugly house." The property is an eyesore in a beautiful neighborhood.

Gum on walkway, oil spots on driveway and newspapers on windows. The fecal matter in the backyard smells so bad that my children cannot go outside and play.

Drugs are being used. Young people are sitting down on a bench in their walkway and smoking from a glass pipe.

The association has been contacted so many times it could fill a phonebook. The health department has been contacted. The corporation listed as owner of the property denies ownership.

The association says that they are aware of the problem, but all they can do is continuously fine them. This one house is a disgrace and takes away from the rest of us. Is there anything else we can do?

A. The reader's description probably applies to at least one home in every single association in Nevada. It is not an easy problem to resolve.

Following due process of writing a courtesy or warning letter, the association can send a hearing fine letter.

The owner of the property either appears or does not appear. The association can then make a decision at the executive session to fine or not fine the owner. The fine can be assessed on a weekly basis.

If the violation pertains to health and safety, the association can fine the owner more than $100 a week. If the owner does not pay the fine, a lien can be placed on the property. If the fine that is not paid pertains to a health and safety violation, then the association can begin foreclosure for nonpayment of that health and safety fine.

Homeowners need to realize that, contrary to the opinions of some state legislators, association boards are not all powerful.

The most common complaint association managers and boards receive from homeowners concerns their inability to control the actions of a homeowner violating regulations.

Some of the complaints mentioned by this reader fall under the non-health and safety fines. In that case, the association could fine that owner until hell freezes over and the owner still might not comply. In the meantime, the other homeowners just have to sit and watch the violation day after day.

The reader has indicated that there are health and safety violations at the home and the association is already fining the owner. If the owner has not paid the fines, the association can begin foreclosure action for nonpayment of health and safety fines.

But foreclosures do not happen overnight. They can last more than 180 days and that does not count any delay in the foreclosure process if the owner were to file bankruptcy.

In the meantime, other homeowners have to endure looking at the home or deciding to sell their home and leave the community.

Is there any other option?

If your governing documents permit, an association can send proper hearing notice to the owner that the association plans to clean the backyard and assess the homeowner the expense.

If the owner does not appear at the hearing, the board can initiate this action. But remember, when the cleaning crew comes to the home, the homeowner could chase them off the property. This option has its own issues of implementation.

Now we come to the Southern Nevada Health District and the Metropolitan Police Department. Many management companies and boards facing health and safety issues and have contacted these departments only to get less than fruitful results.

Seek their assistance if you wish, but don't get your hopes up too high that they will solve the problem.

As to the dog feces, the association and the reader should contact Clark County Animal Control, which will send officers to the home. If they consider the problem severe, they can remove the pet from the house. Again, not everything happens overnight. There is always due process.

Unfortunately, the end result is that the amount of time, resources and money expended on a non-complying homeowner limits an association board and management company's ability to serve its responsible homeowners.

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. 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 shortened and are subject to editing.