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JenniB (Maryland)
Posts: 3
Posted:
Dirt bike riding has become the latest thing to keep kids and pre-teen kids and some adults entertained in our 20 lot single family home subdivision in MD . Our Covenants specifically specify that no dirt bikes or atv's may be ridden on the roads, whether County owned or privately owned as well as on any members private property. This goes on all the time and with spring on the way I expect it to continue. The police have been called and told the parents of the children that if they are on the private lane, it is not illegal. Yet, this is a travelway build for vehicular traffic that is a tagged, registered vehicle with the state...Two serious dirt bike accidents have taken place on that private lane within months. Most recently, several of the parents got together and used a bobcat to clear a path through the HOA-owned Conservation Open Space (there are several parcels of land like this in our subdivision)so that they then had a circular path to ride on around my property and I had to listen to this constantly. This is environmentally sensitive land that is to be left undisturbed. We live near the Ches Bay and are in the Critical Area and have Forest Retention Area, wetlands and buffers. The County's Zoning Enforcement Office did nothing to fine 'us' for the damage.
We are not a private community like the HOA has stated incorrectly on our entrance sign. Our area does have truly private communities nearby and they are truly private. We are not. A county owned and maintained road leads into the subdivision.
Can the Covenants be re-written to get rid of this restriction in their favor? Many other items in the Covenants are being ignored as well and by Board Members. None of them are receptive to enforcing my complaint and they say they are not a 'policing force'. How can I get this situation to stop? I didn't build my house here to deal with this.
Please provide me with some guidance....the BOD is a click that does want they want, When I mentioned to the President, the response I got was that they would re-write the covenants and re-record them. Do I consult w an attorney? Thank you for any advice!
SusanW1 (Michigan)
Posts: 5,202
Posted:
I got one word for you: LIABILITY.

You need to find out exactly what the liability is for your HOA.

Our roads are private and one winter, two kids were racing on the streets, crashed into a parked car and sued everyone - the individual owners, the HOA and the officers. Individuals and officers were dropped out of the lawsuit. There was an out of court settlement, and our insurance company was NOT happy with us.

MariaC (Maryland)
Posts: 15
Posted:
If the "road" was bulldozed on sensitive conservation land, then ask the County again to do something. Call or email your County Council representative. Tell your county environmental department what is going on and demand answers and action.

They may issue fines and require restoration of the land, and the costs would have to be paid by your association (the perps as well as the innocent, unfortunately). But there's nothing like a hit on the bank account to stop bad behavior. It might also put a spotlight on the street racing, and maybe your Board will finally realize they have to do something.
JenniB (Maryland)
Posts: 3
Posted:
Thank you for your replies. To compound this problem, I work for the County's Planning & Zoning office and it makes me a target here in this pathetic neighborhood full of people that are insistent on making it their personal dirt track. I have been harassed at work, had nails put in my drivewy, etc. I can't sell or move so I am in a no-win situation. I am well aware of the fines, restoration/replanting of trees and the problems involved with these idiots clearing the Conservation Open Space. Thanks again. I will just continue to document and keep my lawyer updated.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Why is this an "I" problem?

The HOA should take steps to deal with this, not just one homeowner.
JenniB (Maryland)
Posts: 3
Posted:
All that the HOA wants to do is beautify our entrance and collect the yearly fees. They have said they have no right to enforce the covenants and are not a policing force. Half of the community's kids have dirt bikes, the other half turn their heads and won't speak up about the noise. I moved here to be in an upscale community not to live in the middle of a motorcross speedway. This is awful.

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