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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118722
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Our homeowner association "Braewood Heritage" on

Customer Question

Our homeowner association "Braewood Heritage" on Pecos/Desert Inn in Las Vegas, NV has determined to replace 75% of our green grass community areas with desert landscaping. Are they legally entitled to do this undertaking upon themselves without a vote
involving over 300+ townhome owners in our complex? One of our board member's wife told us that it is a "done deal". How can we stop this travesty taking place. We all love our park-like community and do not want to have it destroyed. Please advise.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 2 years ago.
Hello, The board can take such action, as long as the cost of improvements does not exceed the annual budget. Otherwise, the board would need the membership's consent to increase the budget in order to accommodate the improvements. Note: "Improvement," is the legal term for substantial property alteration or new construction. I'm not suggesting that the change in landscaping is an "aesthetic" improvement. Your recourse, is to petition the board for a recall of the board, and a new election. You will need more than 50% of the membership to accomplish this result. The hardest part of getting a petition in front of the board, is getting enough members to sign. That's basically a matter of going door-to-door, and most people simply don't have the time or energy. But, if you really want to try to stop the board, then that's what you need to do. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. It appears the previous contributor had to leave and I am a different contributor who looks forward to working with you to provide you the information you are seeking for educational purposes only.
Do the bylaws provide that the board can make decisions regarding the common areas?
Also, please realize the experts are not employees of this site and as such get no credit for spending time with customers unless customers leave positive feedback, so please keep that in mind as we proceed (not leaving positive feedback can also impact the customer's ability to get future answers). Most customers do not know this so this is only a reminder, thank you for understanding.