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JerryD5 (Colorado)
Posts: 218
Posted:
So we are an association of 63 homes spread throughout a master community. Our homes are called green court homes because they are single family homes around a common green space. Our homes are in 8 courtyards. Last year, we decided to replace the mulch beds in 2 of the courtyards with attractive river rock (smooth rocks the 1.5"-2" size). We did that because we continuously lost mulch in rainstorms. The board decided that river rock would last much longer. We paid approx $3000 for a company to come in, remove the mulch and weed barrier, install a new weed barrier and then cover the area with the river rock. The project looks very nice and enhances the community. In due time and as budget allows, we would like to do this in the remaining 6 courtyard mulch beds.

So, here is our dilema. In one of the courtyards we did this project, those river rocks appear to be extremely attractive to the young residents of the community. They have been observed throwing the rocks at cars, into the street, stuffing them down the street drain and just about any place a rock can fit. In addition, those same kids have used bigger items to start smashing the rocks turning the river rock into what one little kids said "chrystals". When approached, one kid said, "my sister does it so I am going to do it." Another kid said, "I know I am not supposed to do this but I do it anyways." In all, there are 17 kids in that courtyard and all the residents have been asked repeatedly to monitor their children and not have them play with the rocks.

Eventually, if left unchecked, the kids are going to remove just about all of the rocks. The association obviously can replace it. But what would you do if this was happening in your association? The board has communicated the issue to the parents of these kids but it has not worked so far. These same parents will sit around while their kids break tree branches, smash the rocks, and leave general havoc around the courtyard. The majority of the residents are notorious for having weekend drinking binges in the common area. Lawn chairs, beer cans, trash and their firepit are left in the common areas (though eventually cleaned up). One resident was cited by the local police for public urination after one of these binges (though they were right in front of their own house).

In the other courtyard we did this project, we haven't had any problems (yet). They don't have nearly the same amount of kids but the parents are not "free spririts" as the other courtyard parents are. Their courtyard looks pristine and is still very attractive.

Sorry for the long post but I look forward to hearing other's advice. In full disclosure, I do not have any kids and I do not live in the courtyard mentioned. I am, for the most part, on good terms with those residents. Apparently my gentle nudges to the parents up to this point to be more proactive have been ignored.

LarryB13 (Arizona)
Posts: 4,099
Posted:
One way - maybe the least expensive way - to handle this would be to give each owner in the messy courtyard notice that the association will be repairing the damage at the expense of those eight units, with the cost to be shared equally by each of the eight units.

Each owner is going to tell you that neither he nor his kids did any damage. The response to that should be, "Tell us who did. Name, description, address, what you saw them do, and when you saw them do it. Notarize it under oath." Make no promises other than to consider their responses before assessing the damages against them.
KerryL1 (California)
Posts: 14,550
Posted:
Would it make sense, Jerry, to remove the (remaining) rocks from the problem courtyard and put them in a courtyard with more responsible residents? Give the uncaring residents some cheap mulch until they can be more adult (all of 'em).

I guess the courtyard that your board already knew was occupied by jerks was chosen for rockscaping for a reason?
KerryL1 (California)
Posts: 14,550
Posted:
Would it make sense, Jerry, to remove the (remaining) rocks from the problem courtyard and put them in a courtyard with more responsible residents? Give the uncaring residents some cheap mulch until they can be more adult (all of 'em).

I guess the courtyard that your board already knew was occupied by jerks was chosen for rockscaping for a reason?

Larry's approach is appealing too.
JerryD5 (Colorado)
Posts: 218
Posted:
I like the idea of removing the rock and putting the mulch back. The reason we put the rock down in the first place is because the mulch was constantly being washed away during intense rainstorms and the residents complained. The residents kept wanting us to replenish the mulch (which we would do). Our long term solution was the river rock. Now the same residents have kids that have grown old enough to create havoc with the river rock. We are talking kids in the age range of 3-5.

One parent told me a few months ago, "If you didn't want kids to play with the rocks, you shouldn't have had it installed." Basically he is saying kids will be kids. Other courtyards have kids and they aren't as out of control as these are.

One board member tonight said we shouldn't threaten the parents with monetary assessments. He thinks that continual email reminders to the owners in that particular courtyard should be enough. He believes that if we make threats or in fact carry out some sort of assessment, it would only piss the residents off and cause them to begrudge the board. I am not sure I totally agree with him. Then again, he lives in that courtyard and is one of the core group of partiers.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You may want to put warnings up around the rock area for a day or two that the area is being treated for weed control. That it could be poisonous to anyone who may ingest or touch the rocks. Just put down something that smell a little. Wait for the complaints to come in that their kid nearly died or got sick from the rocks...

Don't worry and leave the rocks where they are. Make sure that it is known that the HOA is NOT responsible for any damages caused by rock throwers. The kid breaks a window? Not the HOA issue. Kid/Parent responsibility.

Former HOA President
CyrstalB (Maryland)
Posts: 457
Posted:
Larry's advice is spot on and will work beautifully as we had a similar problem with the kids littering and destroying a flower bed. The letter said that if it continues, the association would be hiring someone to clean it up and they would be billed. In this case you have eight neighbors who will police one another if they know they will have to foot a bill to clean up.

Cite your CCR article regarding enjoyment of the common area by all...come down hard on them and don't let up.
DavidY3 (California)
Posts: 18
Posted:
If the river rocks are part of the HOA's common area and you've seen the kids remove rocks from the common area to be used for whatever, the board can issue warning letters to those units with kids removing the rocks. 1st warning. 2nd fine, 3rd fine, attend an executive session to discuss the violations.
JerryD5 (Colorado)
Posts: 218
Posted:
A quick poll of the 4 other board members have indicated we will just email (or mail) the entire association stressing the importance of the common areas to include rock beds, mulch areas, trees and personal property boundries. One of the board members that lives in that courtyard was tasked to draft the letter on behalf of the board. The other board members will get a chance to offer suggestions/corrections and then we will instruct our MC to send it out via an email blast. I will insist a copy be mailed to the homeowners in this particular courtyard.

Thank you to all that have offered their suggestions. Based on the experience with this particular courtyard, it looks like we will suspend any future projects to install these rock beds in the 6 other remaining common areas. Maybe we can revisit the issue during next year's landscaping season.

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