QUESTION
Can replacing a tennis court in an HOA with grass and shrubs be considered as a capital improvement?
Asked on Jan 14th, 2013 on Real Estate - Nevada
More details to this question:
A Major Component of the Common Elements in my HOA is a Tennis Court. Over the years the Board of Directors had failed to maintain it. Recently a new Board of Directors has decided to destroy it and replace it with landscaping such as grass, shrubs, and possibly trees. My question is as to whether this "replacement" project can be considered as a capital improvement?
1 ANSWER
R. Christopher Reade
The first place you need to look is in your governing documents for your HOA, which should define the terms and conditions for capital improvements. While the term "capital improvement" is defined in other sections of the Nevada Revised Statutes, the parameters of capital improvements for HOAs is largely left to the governing documents. You should have your CC&Rs reviewed by Counsel to assist you in this matter.
Answered on Jan 15th, 2013 at 10:03 PM