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KennyD1 (Texas)
Posts: 51
Posted:
Our neighborhood is about three years old. Board member was enacted on 08/2005. Some issues that have come to light and want to hear from other board members how they handle some of these issues.

#1 - Lawn Parking - There was nothing to combat this problem in the bylaws. In 2005 I was informed that the city of austin, texas has a city ordinace to stop law parking, but you have to opt in and also fill out appilcation to opt in and it down once a year in January. Here is my problem, I don't want to involed police to ticket someone, and take them away from dealing with real crime.

#2 - Multi-Family living in a Single-Family home. We have alot problem (mostly over crowding the street) cause a family will have their uncle, aunts, grandmom, grandpal, bothers, and sisters) all pile in a three bedroom home. We have city ordinace on this issue, but they hardly act on them.

#3 - Illegal motorvehicles (minibikes, four-wheelers, and dirt bikes) on city street and sidewalks. Again don't want to involed to ticket someone for a minor violation, and take them away from a real crime.

#4 - Renters not being informed by the landlords of the HOA and it bylaw. Most of our violation are from renters.
RogerB (Colorado)
Posts: 5,067
Posted:
Kenny, first your Board needs to establish rules and regulations on enforcement of Covenants and Rules which includes a fine schedule. Distribute this to all owners and make them aware in general of potential violations which need immediate attention including:

1) Lawn Parking - no parking shall be allowed on lawns. Cars shall be parked first in the garage and when full shall be parked in the driveway.

2) Multifamily - advise owners by quoting the city ordinance. This is a tricky situation because your example has only extended family members. If these people are creating a violation, such as a clearly defined nuisance, then that can be addressed.

3) Illegal motorvehicles - advise owners of the appropriate law(s) and encourage them to comply. Rules can be established on where they may be operated within the HOA.

4) The HOA deals with the owner and fines them - not the renter. Some HOAs try to include renters into community functions and provide them with the controlling documents, but the responsibility remains with the owner not the renter.

BrianB (California)
Posts: 2,820
Posted:
kenny also raises an interesting question, by talking about "real crime": WHat is "real crime"? If people truly believe that police exist to handle only "real crime", then why do legislatures bother with all these other laws? Are we setting a precedent by thinking that parking on a lawn, in direct violation of a statute, isn't a crime? Is it okay to think that speeding through a school zone isn't a real crime? Where do we draw the line?

If we don't want police to work such things, who do we expect to enforce these laws? If we expect no one to enforce them, then why have a law at all?

I have no answers.. .I just thought it interesting the thought train that kenny started for me.
RonaldW (South Carolina)
Posts: 901
Posted:
The police should be expected to respond to all law violations, not just to "real crime". Contact the police with violations of laws no matter how insignificant you believe them to be. You cannot enforce the law yourself, neither can the HOA.

Ron
SC
BrianB (California)
Posts: 2,820
Posted:
Ron makes another good point, in that if people think in terms of "real crime" and "worthy of police, waste of police time", that could lead to the situations where we begin to think of certain laws being "unworthy" of police time... and that we should enforce said laws ourselves. This runs counter to what police units normally preach, which is to never take the law into private hands, and always call the police, no matter how insignificant.

This is one area where I think police could do more public awareness, and let the popular opinion and mass media do less.
LindaC3 (Florida)
Posts: 526
Posted:
Kenny-- Your numbered concerns are what we in Florida call Code Enforcement issues.. Any where I have ever lived or resided in Fla.each town had their own Code Enforcers and thus allowed Police officers to address "crime". You may want to check with your local municipality to see if they do indeed have a seperate Code Enforcement Division...Linda C
BrianB (California)
Posts: 2,820
Posted:
Glen, you may need to clarify your statement about guns:

Perhaps you meant "In the US, over the past X years, more guns have been used in defense of life than have been used to take life" or something.

Cause I think I can argue that "more guns are used to defend life than take it", what with the genocides in the Soviet Union in 1930's, World Wars, Africa, Biafra, Sudan, etc...

GlenL (Ohio)
Posts: 5,491
Posted:
Since private ownership of guns in most other first world countries is now banned and since his post mentioned our government, I was basing my response to the USA.


Studies show that 5 out of 4 people have problems with fractions
BrianB (California)
Posts: 2,820
Posted:
point taken glen... I have found it advisable to be very clear when debating points with people to be as precise and clear as possible. The less holes in my arguement they can pick apart, the more I can keep them focused and on track. it prevents them from making straw men from my statements.
KennyD1 (Texas)
Posts: 51
Posted:
I sorry that I didn't mention we do have code enforcement, and here's the funny thing about it. Back in Sept of last year, city counsle voted to ban lawn parking but for your neighborhood to be a part of the ban you have to OPT in. When I checked into this you can only opt in at the begining of the year. I didn't know this before hand when I can the police to report lawn parking in my nieghborhood and the police came to visit me and told me that there was nothing that they could do and they started to tell me to add this issues into our bylaws. What were they trying to do? Push this on us to handle these issues? It was our city counsel that said it was a city code enforcement, they should give the fines, am I not correct? As far as I know the local police can write fines for code enforcement issues cause I know I gotten tickets for parking in a loading zone the city enforcement didn't write the ticket, the police did.
LindaC3 (Florida)
Posts: 526
Posted:
KennyD--- In Florida in order for the local police dept to enforce the uniform traffic control laws in private communities that HOA must petition the local commissioners and reach an agreement.Because most HOA'S are 'gated" and considered to have "private" roads not normally opened to the "public" these are the requirements at least here in Florida. You may want to just double check tosee if your State or municipality have similar requirements. Linda C

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