Churches cry foul in Summerlin

By Launce Rake (contact)

Tuesday, Nov. 19, 2002 | 11:22 a.m.

Protest A protest against Summerlin North Community Association policies is planned from 4:30-6:30 p.m. on Wednesday outside the Trails Community Center, 1910 Spring Gate Lane.

Summerlin is home to thousands of people, many of whom attend one of the several local churches in the fast-growing master-planned community.

But to Summerlin's homeowner associations, not all churches are equal. The associations are charging some churches for the right to be in the upscale community. Residents in Summerlin, unhappy with the association policies on churches and other issues, plan a protest Wednesday.

One of those planning to attend is Rev. Dan Newburn, pastor of Summerlin Community Baptist Church, which is charged more than $500 per month by the homeowners association.

"It's just not fair," Newburn said Monday. "We don't think any house of worship should have to pay an assessment to serve in a community."

Representatives of Howard Hughes Corp., the company that built the sprawling community on the Las Vegas Valley's west side, and of Community Association Management, the management company for Summerlin North Community Association, said the churches agreed to the fees when they bought property.

"People understood what the obligation was at the time they closed on their property," said Randy Ecklund, executive director of Community Association Management. "The obligation to pay is there. The logic is to offset the costs for common-area maintenance.

"If the churches don't pay, it's left to the residents to pay."

Hughes spokesman Tom Warden said four churches, out of about a dozen total, are exempt from the monthly assessments because they moved into the community early.

"Those early churches took a risk coming into Summerlin," Warden said.

Temple Beth Am in Summerlin is not required to pay monthly dues to the Summerlin North Community Association because it was one of the first houses of worship in the master-planned community. But Rabbi Mel Hecht agrees with Newburn.

"I think it is presumptuous and unfair to tax houses of worship," Hecht said. "But if it is being done for some, it needs to be done for all. Either everyone doesn't pay, or everyone pays."

Newburn and Hecht both noted that promotional literature on Summerlin spotlights the community's active spiritual life.

Newburn, a former president of the Clark County School District board of trustees, said the homeowners association is threatening to put a lien on the church.

Newburn does not dispute that the contract he signed includes a monthly assessment, although he said he was not aware of the charge when he signed.

But he and representatives from other churches say that they are denied the use of community facilities such as pools, and the right to participate in the association votes.

The association board, Newburn said, told the church that they are being charged for amenities that church members cannot use.

"It is our understanding that churches are an amenity to the Summerlin community," he said. "We thought we were an amenity."

The policy of charging new churches makes it tougher to establish a house of worship, said Rev. Don Liles, pastor of New Hope Lutheran Church. New Hope now meets at another Lutheran high school on Sundays.

Liles plans to build on land the church owns in Summerlin. But he is leery of the monthly charges plus anticipated fees for special improvements.

"It just doesn't seem fair," he said.

Warden said the policy is not meant to keep new churches out -- and churches get a "significant discount" on real estate, a boon for religious groups seeking to build in the community.

"The churches in Summerlin are diverse and we are very proud of the fact that we have this wonderful firmanent of different churches," he said. Warden added that the community has the first Hindu temple in the Las Vegas area.

He said disagreements on homeowner association policies are natural as master-planned communities mature.

Those who disagree with the policies, however, are marshalling their resources. Among those scheduled to attend Wednesday's protest are Las Vegas City Councilman Larry Brown, state Sen. Mike Schneider, D-Las Vegas and Assemblyman Bob Beers, R-Las Vegas.

Those unhappy with association policies also are seeking legal help. Greg Gilbert, a Las Vegas attorney, said he is one of several lawyers interested in Summerlin's association rules.

He said the contractual obligations for church fees may be clear, but that is not necessarily the central issue.

"Is it fair? That's the question," he said. The association needs to show that policies were applied in a consistent manner to all churches, Gilbert said.

"I know people are upset about it, and we're going to look into it," he added.

Terri Donahue, a homeowner in Summerlin's Cherry Creek subdivision, said the church issue in just one of several examples of unfair and inequitable treatment by the association. Her primary issue is the right to put up basketball hoops for her two children to use.

But whether charging some churches or banning street basketball, the association uses the threats of fines and liens against homes against anyone who disagrees with the community rules, she said.

"The homeowners association has gotten out of control in terms of treating people fairly," Donahue said. "It's affecting all of our lives.

"We try to work with them, but they literally shut the residents down," she said. "We love living in Summerlin. We just don't like the way we're being treated."