Petitions

Started by LeaK • 9 replies • 1301 views

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LeaK (California)
Posts: 3

Posted:

We have 80 Homes in our community. We also have a rule that does nt allow any gardeners, or homeowners to do any noise related activities before 8AM.
Pickleball has been introduced to our common grounds which begins at 7AM. This is a noisy activity especially for those who live above the court on a hill. A petition was circulated and 55 homeowners asked for the games to start @ 8AM to coincide with the noise rules. The BOD voted to make it 7:30AM. This seems to me to be a violation and disregard for the wishes of the community. What is your view.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Is the no noise related activities before 8 AM a rule adopted by the Board or a covenant that is stated in your CC&Rs?

A rule adopted by a board, may be amended or waived by a Board.

A covenant may only be repealed or amended by the membership.

So to answer your question, yes I agree that it's in violation of the 8AM rule. However, as I pointed out, rules can easily be changed. Covenants may not.

DaveD3 (Michigan)
Posts: 796

Posted:

As Tim stated, the BoD can change/waive rules with a vote (but they can't waive Bylaws & deeded restrictions). But it's clear in this case that they're not following the wishes of the association. People should be reminded of that when the next elections come around.

With 55 of 80 in favor, you have a chance to amend the bylaws with an "8:00 for activities" amendment and get that set in stone so the board must follow it.

LeaK (California)
Posts: 3

Posted:

Dave, How do you go about amending the by-laws?

TimB4 (Tennessee)
Posts: 21,059

Posted:

The Bylaws themselves should have a provision within them to tell you what is needed to amend them.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Boy, it would be tough to ignore a petition signed by such a majority. Especially over a half hour difference in start time. Don't like it.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

The easiest solution would be to follow the rules and start Pickleball at 8am. But thats just me.

JH3 (Maryland)
Posts: 67

Posted:

I think the first question posed needs to be answered.

Where is the 8am rule located? Is this a "rule" or a CCR?

If this is an HOA. I doubt this would be in the bylaws.

Like others stated, a rule can be changed by the board without homeowners consent, CCRs cannot.

LeaK (California)
Posts: 3

Posted:

The Rule is found in the " Tennis Court" rules. It reads " Courts are to be used during daylight hours only" We have only recently added "Pickleball" This is a much noisier game than Tennis and many residents asked that the hours not start before 8AM...hence the petition. The BOD chose to ignore this request but agreed to negotiate the time to 7:30AM. MANY residents were unhappy about
this as it interferes with their quiet morning time on the patios. Maybe this will clarify some unanswered questions.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

A petition was circulated and 55 homeowners asked for the games to start @ 8AM to coincide with the noise rules. The BOD voted to make it 7:30AM.

Notify the BOD that if they dont change the time to 8am, you will circulate another petition with 55 signatures to remove each of them as a BOD and replace them with people who respect noise rules.

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