Opinions on how to handle non-acting board

I live in an association in Michigan in a rural setting. A few years ago a couple of the homeowners started riding ATVs in an undeveloped portion of the association. The only way back to that area is a private road past the houses at the end of street. Myself and a few other homeowners who live(d) down there complained since the bylaws of the association state, "No snowmobile, all terrain vehicle or other motorized recreational vehicle shall be operated in the Condominium property". The board however decided not to enforce the rules and now it's gotten worse. As new homeowners move in, they see the activity that takes place and it's not long that they too begin riding down the private road and into the undeveloped area. It's so bad that once the weather starts turning warm, we cannot have our windows open in the evening or we can't hear inside our homes. The past few times I've talked or emailed the board I'm told I'm the first person to complain which I know isn't true since I've seen emails that others have sent. Even if I was the only homeowner to complain, a violation of the bylaws is a violation of the bylaws. I have spoken to an attorney about this and I was advised to begin keeping a journal of complaints and the boards action/response plus any other accompanying documentation. I have videos showing people riding wheelies past my house ~25-30mph (posted speed limit is 15mph) and jumping off dirt mounds roughly 125' from my front yard and about 20' from my neighbor's front yard. I shared the videos with the board and received no response.

The attorney I spoke with suggested I begin pursuing legal action since I do have enough to show the board is not acting in the best interest of people who have to deal with this. Honestly though, I don't want to do that. It feels like I would be paying for the lawsuit twice since there would be my attorney and the associations attorney. Since I pay dues, the associations attorney is kinda my other attorney so I feel like I'd be suing myself. I'm really hoping someone has dealt with this before and can point me (and my neighbors) in the right direction to get this resolved other than legal action. I don't think it's fair that we should be forced to run our A/C spring-fall or just deal with the noise.

Thanks in advance for any advice!

Steve,

The problem is that you expect others to stand up for your rights when you are not willing to stand up for yourself. To add to your woes, your reluctance to enforce your rights to peaceful enjoyment of your property has given an implied license for even more of your neighbors to create a nuisance. You wrote, "the associations attorney is kinda my other attorney." No, he is not your attorney in any way. The association was created in part to protect its members from certain nuisances and you are a member whom the association has failed to protect. Because they have shown no loyalty to you, you owe no loyalty to them.

While the association should be one party to a lawsuit, you should also be suing those who are creating the problem. The costs of the lawsuit should be borne by those who caused the problems, which would include the association (that has sat on its hands) and those violating the restrictions.

BTW, step one in a lawsuit of this type should be for your attorney to draft a letter to the opposing parties demanding that they cease their activities. One criteria that the courts use in deciding to award attorney's fees to the prevailing party is whether the lawsuit was really necessary. If you demand that someone stop creating a nuisance and the other party continues to do so, then the lawsuit would be necessary. Have you asked your attorney to send out such a letter?

Also, if you sue, the association is likely to file a claim with their insurance carrier. The insurer will choose an attorney and it is not likely going to be the association's current lawyer. If the association has insurance, the only out-of-pocket costs should be the deductible.

If your BOD refuse to perform their duties:

Recall them (if enough your neighbors agree)

or

Sue them

or

Petition the court to appoint a receiver

or

Take legal action personally against the transgressors

or

Relocate.

BEST OF LUCK

Larry makes a good point, Steve. Pay a private attorney to write a letter to the Board demanding that it enforce the HOA's governing documents, specifically, etc., etc.

If you can, get others to chip in with you to pay the attorney for this service. Show the attorney your documentation.

I believe, but am not certain, the letter to your Board will stop the statutes clock from ticking and will show, if needed in the future, that you tried to urge your Board to enforce your governing documents.

Meantime, I'd start with a group of you who experience this nuisance to demand the Board enforce your rules.

The attorney's FIRST step would/will be to write a 'letter of demand'.

This will occur BEFORE any court filing(s).

Should the demand not be met, THEN court proceedings may begin.