Up against HOA fence and a block wall

Q: I live in a homeowners association in Pahrump. We have two sections in the subdivision. There is a block wall surrounding the entire subdivision, and an additional block wall surrounding a smaller subdivision. Behind and between most of the homes, there is a 6-foot vinyl fence. Some of the homes back up to a block wall.

We have been here five years, and the vinyl fence is showing its age. In HOA meetings, I have asked if we may replace our vinyl fence with a block wall.

The homebuilder’s representative emphatically says no. He states the architect designed the lots with the vinyl fence between the homes.

I don’t believe the architect did his homework. The vinyl fences are not holding up in the wind and weather. I’ve attached a couple of pictures.

The cost to replace the fence will be about $5,000. I think this is excessive if we have to replace it every five years because of an architect who was not from the area.

I’ve looked through our community regulations, and cannot find anything that states we must have the vinyl fence.

A: First, thanks for including the photographs as they helped to explain your situation. Regardless of why the developer chose to use the vinyl fence (which I have seen at other communities), for you to build a block wall would not make the wall consistent looking with the design of the community.

Your covenants may not specifically state that you must have the vinyl fences, but I am sure under architectural guidelines, you are required to maintain the current design of the overall look of the community.

I don’t know if you have supplemental architectural guidelines. If you do, you also can read them to see if there is another alternative.

Based on what you have shown me so far, I think you are out of luck and must replace like for like.

Q: I am the treasurer of a local HOA and am wondering if we can satisfy our legal obligation to collect unpaid assessments if we do not allow our collection agent to pursue foreclosure sales?

At least since January of 2011 we allowed them at 90 days to file delinquency notices, and later notices of intent to record a lien, actually record a lien and execute and record a notice of default and election to sell.

Since then they have sold 13 properties to third parties. Some of our board members are worried that such sales, often to investors, may result in less than desirable renters or, if no one bids, that the association may wind up owning the property.

A: The association does have a legal obligation to enforce its collection policy. If you were to stop enforcing your policy, you would not be honoring your fiduciary responsibilities to your members.

Yes, it is true, that investors could buy these association-owned homes if the delinquent homeowners did not make arrangements to pay their assessments to you.

But it is also true that if the banks were to foreclose on these homes, investors could still buy them.

As treasurer, ask your board one question: Do you want to see a major increase in assessments to cover your operating expenses and the loss of income from homeowners who are not paying?

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.