DougY (Washington)
Posts: 6
Posts: 6
Posted:
We are interested in changing the CC&Rs. Can we include a statement that allows for a fee or fine if the police are called to a owners property more than once in a month or twice in a year?
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Adding Ethics to the CC&Rs
Started by DougY • 12 replies • 1668 views
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DJ1 (Ontario)
Posts: 798
Posts: 798
Posted:
You can add anything you want to the CCR's IF you follow the proper procedure specified in the CCR's for doing so ie. 2/3rd's homeowners VOTE in favour, BUT, even that doesn't mean it would stand up in court.
Putting the above aside, on the surface this sounds like the most idiotic idea I have ever heard (no offense intended). How are you going to track this? If my house gets rob and I call the police does that count, cause you don't know why the police are at my house! Have fun with this.
Putting the above aside, on the surface this sounds like the most idiotic idea I have ever heard (no offense intended). How are you going to track this? If my house gets rob and I call the police does that count, cause you don't know why the police are at my house! Have fun with this.
JanM (Texas)
Posts: 142
Posts: 142
Posted:
What if you have an officer living in your neighborhood and they drive their patrol car home? You gonna fine them too? I agree with DJ, this is a ridiculous idea. Its an invasion of privacy and we don't need an "ethics" police. A big BOO to you, sorry if you are in Washington state. :p
BradP (Kansas)
Posts: 2,640
Posts: 2,640
Posted:
Doug:
So if some vandals do something to my home or I have someone who breaks in or someone is harassing and stalking me or something unfortunate happens to me I also get fined by my HOA? I guess if you are going to tick off your neighbors this would be a good way to do it. There are many reasons police visit a home, it is not always because people are being bad. Focus your energy and resources on more productive things.
So if some vandals do something to my home or I have someone who breaks in or someone is harassing and stalking me or something unfortunate happens to me I also get fined by my HOA? I guess if you are going to tick off your neighbors this would be a good way to do it. There are many reasons police visit a home, it is not always because people are being bad. Focus your energy and resources on more productive things.
JoeW1 (New York)
Posts: 728
Posts: 728
Posted:
DougY - does the HOA receive a penalty/charge from the police for dispatches to owner's units? I doubt it. If not, than your concept will result in profiting at the expense of owners, and that is not ethical. FYI, in my town the police can charge for excessive dispatches for nuisance events.
JamesC (Maryland)
Posts: 282
Posts: 282
Posted:
Doug:
I Agree with Brad, 100%. Who is the association to question why the police are at someone's residence?. My best friend is a State Trooper. Would it have to be the business of the boards to know this?. I also know some county police officers who bring their marked vehicles when they visit. Would I have to post a sign in my front yard each time one of my friends visit, saying it is only a visit, and not criminal?. Talk about "BIG BROTHER"
This is the strangest topic I have seen posted on the forum.
Jim
I Agree with Brad, 100%. Who is the association to question why the police are at someone's residence?. My best friend is a State Trooper. Would it have to be the business of the boards to know this?. I also know some county police officers who bring their marked vehicles when they visit. Would I have to post a sign in my front yard each time one of my friends visit, saying it is only a visit, and not criminal?. Talk about "BIG BROTHER"
This is the strangest topic I have seen posted on the forum.
Jim
WilliamT (Arizona)
Posts: 489
Posts: 489
Posted:
Posted By DougY on 03/08/2007 8:51 PM
We are interested in changing the CC&Rs. Can we include a statement that allows for a fee or fine if the police are called to a owners property more than once in a month or twice in a year?
We are interested in changing the CC&Rs. Can we include a statement that allows for a fee or fine if the police are called to a owners property more than once in a month or twice in a year?
As others have commented, the suggestion of such a fine is not a reasonable one. However there must be an underlying reason why this suggestion is being considered.
If you will state the reason why this is being considered, then you can get some good advice from the members here on how best to deal with the situation your community is faced with.
ChrisB4 (West Virginia)
Posts: 175
Posts: 175
Posted:
There is a procedural issue and an emotional issue here.
If you follow the process of creating/amending your CC&R's and the majority is aware of this new provision and adapts it then I imagine you could.
But, just because you can make a rule doesn't mean you should. Seems there may come a time where, for instance, an elderly resident living on a fixed budget hears something at night, then considers the fee she will have to pay if she calls the police (again). If she doesn't and something bad happens....See where I'm going with this?
If your HOA is being charged, it sounds like you need to find other alternatives to your problem. My guess is, without knowing a thing, that there is probably a family or two that has brought this issue to light. You may want to find solutions that focus on the abusers, instead of creating a blanket rule that effects everyone.
If you follow the process of creating/amending your CC&R's and the majority is aware of this new provision and adapts it then I imagine you could.
But, just because you can make a rule doesn't mean you should. Seems there may come a time where, for instance, an elderly resident living on a fixed budget hears something at night, then considers the fee she will have to pay if she calls the police (again). If she doesn't and something bad happens....See where I'm going with this?
If your HOA is being charged, it sounds like you need to find other alternatives to your problem. My guess is, without knowing a thing, that there is probably a family or two that has brought this issue to light. You may want to find solutions that focus on the abusers, instead of creating a blanket rule that effects everyone.
DougY (Washington)
Posts: 6
Posts: 6
Posted:
The situation is not ideal at best. We have one particular unit that is breaking all the rules at all hours of the night. We think they might be dealing drugs.
We are not fining people for having a police car in front of their home. Obviously, the Board can chose to not issue a fine if the police are there for good reasons beyond the control of the owner. We are trying to enforce a certain code of behavior that doesn't allow for illegal activities such as underage drinking, all-night, out-of-control parties, and recklessly driving through the neighborhood. Unfortuantely, the cars are gone before the cops come. And the wonderful neighbors don't want to bother the police every night. We are trying to make a community that is safe and where people can enjoy there homes. Also, when the police come , they just give a warning.
I appreciate the comments, and I understand the first remark was vague. Does anyone have suggestions on a similar rule or a rule that can prohibit the undesired actions that they are doing? What is required to inforce a speed limit inside our neighborhood of 4 blocks? I am looking for actual people who have dealt with similar situations. This is a serious situation.
We are not fining people for having a police car in front of their home. Obviously, the Board can chose to not issue a fine if the police are there for good reasons beyond the control of the owner. We are trying to enforce a certain code of behavior that doesn't allow for illegal activities such as underage drinking, all-night, out-of-control parties, and recklessly driving through the neighborhood. Unfortuantely, the cars are gone before the cops come. And the wonderful neighbors don't want to bother the police every night. We are trying to make a community that is safe and where people can enjoy there homes. Also, when the police come , they just give a warning.
I appreciate the comments, and I understand the first remark was vague. Does anyone have suggestions on a similar rule or a rule that can prohibit the undesired actions that they are doing? What is required to inforce a speed limit inside our neighborhood of 4 blocks? I am looking for actual people who have dealt with similar situations. This is a serious situation.
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Doug, most CC&Rs have a nuisance clause which can be enforced.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Doug the things you describe that you are trying to control are in fact already against the law. You would be better off working with the police to control the problem. In the neighborhood surrounding our condo complex there are several homes that volunteered to allow the police to use their driveways to run radar from. If your streets are HOA owned you might be able to contract with the police to use off duty officers for enforcement, however that might involve a change in your CC&R's to allow it.
Studies show that 5 out of 4 people have problems with fractions
ThomasW1 (Florida)
Posts: 5
Posts: 5
Posted:
First off are the streets within your community maintained by the community or are the maintained by the city/county/state? If they are maintained by the community and your community is gated you can control the access by the law enforcement, however, if a major problems happen then the community will be held resp. If the streets are controled by the city/county/state then you can not control the access of the law enforceement. Eather way be veru careful in dealing with the law enforcement.
JanM (Texas)
Posts: 142
Posts: 142
Posted:
You can also set up a neighborhood watch program which is coordinated with your local PD.
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