Michael Geeser, Consumer Editor
(Jun 1) -- Homeowner's associations have become commonplace around the valley. Whether or not your neighborhood has one, it seems everyone has an opinion about them. There is a misconception about HOA's that no one likes them and they create hardships for residents. That may be true in a few cases, but a study from the state ombudsman's office tells a different story.
According to a survey, 92% of the HOA residents they polled in the Valley said they enjoy living in their community. To peacefully co-exist in an association, David Stone of Nevada Association Services says homeowners need to do things -- pay their assessments on time and read the CC&R's. "Most people do like living in a homeowner's association, I know I do, my friends who live in HOAs certainly do. They follow the rules, pay their HOA assessment and they live in a nice clean area. Now there are exceptions, renegade boards that feel like they need to be walking around at night with clipboards, that does happen but its highly, highly unusual," he says.
When those cases arise, the state ombudsman's office now has a five-member commission in place to handle those cases. Disputes among homeowners and associations can usually be traced back to one document, the CC&R's. Those covenants, conditions and restrictions almost always contain the answer. But they aren't helping one homeowner who followed the rules, but received a cease and desist order anyway.
Rebecca Whitlock's home looks like a slice of paradise carved out of the Las Vegas Valley. She lives in the Desert Shores community with a backyard view of cool, blue water. The addition she built adds to the entire setting. But there is one group that doesn't like her patio cover and balcony -- her homeowner's association. In fact, they've asked her to take it down, stating she never received permission to put it up.
The fact is, she did, and has the document to prove it. At the time of construction, Whitlock received permission from the Desert Shores Association. Then after it was up, the board decided she didn't go to a sub association for permission. The reason for that; there was no sub association in place.
"I got an approval letter from Desert Shores," says Whitlock, "Which was running Harbor Cove Association at that time, so I submitted my application and got approval. So I didn't think anything but that I was approved."
Things got progressively worse, eventually winding up in arbitration. And what did the arbitrator, Richard McCall decide? He decided that Rebecca should have to take down the addition. "This is one I would like to not see go this way because it looks like it wasn't a common sense decision," says Nevada State Ombudsman Eldon Hardy.
8 On Your Side asked the association board president to speak with us but we were referred to their attorney Jay Hampton. In a written statement, he said, "We put the facts in front of the arbitrator and let him make the decision."
Whitlock's attorney has since filed an appeal, which means for now the addition will stay up as the case goes to trial. But Whitlock says the past few years have been a living hell, thanks to her association board, vindictive neighbors and an arbitrator's decision that left a few people shaking their heads.
"This is like living in a communist country, these rules are to help us not make enemies out of neighbors," says Whitlock. "It does seem like something went wrong in this whole process, and I would like to see it corrected," Hardy adds. Whitlock and her attorney will get their chance to try and correct it when the case goes before a jury.
posted by Las Vegas # 8:20 PM 
