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Walls are governed by covenants

Q: I live in a zero-lot-line gated community and have a major problem with the non-resident property owner of the adjacent parcel. He considers that the side of my house that borders his property is a party wall. This is erroneous since only the block walls separating our properties are party walls.

I need to perform maintenance on my stucco home but the adjacent property owner has bushes and vines encroaching and/or attached to my house. He tells me to maintain my house wall but he won’t remove bushes or vines that prevent me from accomplishing work. I need something in writing to prevent future encroachment on my property.

The wall of my home bordering neighboring house is my property yet the homeowners association is unwilling to get involved and I am getting nowhere with this conundrum.

Would you permit an unauthorized party to attach fasteners to your wall and have bushes/vines encroaching on your home?

Help! Can you provide me with any Nevada laws, statutes etc. that would help me resolve this problem without using an expensive lawyer?

A: There are a number of steps that you can take to assist in resolving this issue. Even though the association has not been willing to become involved in the dispute, you should again contact the association board.

First, a formal letter needs to be written to the board of directors in your association, informing them of the problem. In the letter, you need to include the relevant sections in the association’s governing documents, from the covenants to any rules and regulations that support your position. The letter should request that the association send a courtesy letter, informing the other homeowner that he is in violation of the governing documents of the association and should instruct the homeowner as to the rectification of the violation.

The issue is whether the wall is a party wall or whether the wall belongs to the homeowner. You need to find the exact language in the covenants that defines party walls versus walls belonging to the individual homeowners. You should also include photographs. The letter should also indicate that the board has an obligation to uphold the covenants, to enforce them and that even though the issue is neighbor to neighbor, there is a violation 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. Her fax number is 385-3759, or she can be reached by e-mail at support@hlrealty.com.

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