Sidewalk Chalk

Stacey,

Often the governing documents are written so the Association has the authority to enforce the covenants but not the requirement to do so.
This is similar to a members authority to enforce.

Expecting that your governing documents are the same I would suggest the following:

Inform the member that the Board has looked into the issue but determined that the chalk drawing is not a violation of the governing documents and will not be taking action in this instance. However, as a member of the Association, if you disagree with this decision you have the following options available to you:

1) Petition the membership to call a special meeting for the specific purpose of recalling the board. Please follow the procedure outlined in (cite document and section).

2) Submit your name for candidate to the Board at the next election and, if elected, be part of the decision process in instances like this.

3) Exercise your right under Section x of the [document (typically the CC&Rs) and seek the advice of an attorney to seek a legal injunction against the neighbor for what you believe to be a violation of the governing documents. Please note, that all costs for exercising this option will be at your personal expense.

Hope this helps and, good for you for not going after children for being children.

Tim

why not draw and quarter the offending children

and

sterilize/neuter the offending parents

or

request the complainant to "get an actual life"

was this question even for real?

if so

please let us know the location of the Nazi camp (for the drone strike)

MelissaP1
(Alabama);

your answer re: majority is EXACTLY what the founding fathers most feared when they set up the ....wait for it ..... wait:

The Constitutional REPUBLIC of the United States of America

as per T. Jefferson: "Gentlement, I give you the REPUBLIC ~ (I) pray that you may keep her."

A DEMOCRACY is merely mob rule with 'rules'.

A REPUBLIC is a highly modified REPRESENTATIONAL democracy with strict constitutional rules.

Marquis d'Queensbury anyone?

Or law and order including INALIENABLE rights.

Stacey,

While Tim's advice is correct, I would do nothing to encourage the complainant to recall the board or run for the board. God only knows what kind of hell an owner like this would create if she had any control over her neighbors.

I would respond to her complaint with a simple statement that neither the HOA nor the local police find an issue worthy of their time but that she is free to seek injunctive relief against the children at her own expense.

JohnB -- this reply was meant for you on your post about neutering the parents
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Sadly, this is a real complaint and it happens every year.

Currently she is the only person who has taken the time to complain, so I really do not want to open a can of worms by putting this to a vote of the homeowners. Until we get more complaints from others (which has never happened) I am not going to encourage any action on this.

I like the suggest of asking her to reference the violation in the CCRs. That might quiet her at least on this issue. She is a difficult neighbor complaining about everything (she even makes tiny "no pooping" signs and puts them next to dog droppings - no, I'm not making this up!)

Thanks for the feedback!

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Tim,
Normally I would agree with you to get the complainer on the board to help out.... but I think she would create more issues than fix them. We would be in a police state if we followed everything she has suggested to us over the years!

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We all have been working on addressing her concerns as best we can. She actually saw me in action the other night remind a homeowner that their dog needs to be on a leash, and I got a thanks for that and a "its nice to finally see someone doing something being done." As I remindeded her, things are being done she just doesnt always see it!

As for the sign issues, we have contemplated turning the tables on her and issuing a warning on them but we are waiting on that for now

" Support Guerrilla Chalk Art"!

I have received the very same complaint from a resident. She also complains about noise, dog waste, speeding, deer control, among other things. Most of which are enforced by police or covered by county ordinance. We invited her to participate on the board, pointed out the steps that she could take as a member to recall us (as Tim mentioned), suggested that she talk directly with her neighbors re; the dogs and noise. We haven't heard from her in almost a year.

Our Association has a rule that if the issue is between neighbors (and not a violation of the covenants), that the Association does not get involved unless more than one Lot complains of the same thing.

Do not debate, argue, justify, discuss, etc. Simply blow her away with a polite acknowledgement such as thank you for your note/comment/whatever. The BOD will take the issue under consideration.

The BOD then treats it with benign neglect.

This seems simple.

Address the complaint at the next board meeting. Then notify the complainant that the board does not find sidewalk chalk to be contrary to the rules & regulations. Have a nice day.

Agreed Carol. Whether she brings it to a meeting or not, it can be an agenda item. "Address complaint re: Sidewalk Chalk". Then record the decision of the board.

One nit-pick of wording though... the Board, in deciding that the situation is not in violation of anything, IS taking action. Addressed, considered, determined to be beyond the scope of the restrictions. Done and noted in the minutes.

Good point, Dave. Our minutes actually say the Board decided to take no action. This shows that the topic was considered & discussed by the Board. Your elaboration sounds good, though!

Jon,

I think the reasoning behind your example is sound. One problem with it is the health aspect of feces on a paved surface intended for foot traffic.

Having said that, one could draw anything on the sidewalk and call it art.

Is the 'art' on common area sidewalk(s)?

In many HOAs the BOD has full authority over the common areas, thus full responsibility over its appearance.

There in may be something a determined, resourceful, homeowner could exploit.
It is however (statistically) unlikely that this particular HO would go to the expense of litigating such a thing.

If on private sidewalks then the arguements would be different.