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DavidL34 (Florida)
Posts: 4
Posted:
This is my first post here. I'm not sure if I am supposed to break out each of the problems below into an individual post or if it's ok to lump them in this one post. Please let me know if I did this wrong.

I would like some advice on how to handle some problems at our COA.

I'm the president of a 5 unit condominium association. I'm intending to add some restrictions to our ByLaws because unfortunately we have an owner who is trying to provoke confrontation. Since nothing else has worked I'm hoping that imposing fines will stop the worst of the behavior.

Problem #1:
An owner is periodically banging or slapping on his common walls which is really loud. Do I need to have a special bylaw for this? How many or how often do these slaps have to occur to be fined? Can I fine him for each "outburst" or only once per day?

Problem #2:
He also recently was swinging a golf club in his unit whacking the floor for extended periods of time. He has been seen taking the golf club onto the balcony and swinging it there as well.

I want to add a Bylaw that requires all sports equipment, bats, hockey sticks, golf clubs and the like to be stored either in garages or the owners vehicle and not allow any of those items to be transported through common use areas. Can I do this?

Problem #3:
On at least one occasion he was standing naked a few feet into his unit but in front of a glass sliding door and when that person walked past his door the naked owner spoke to the passerby to draw his attention.
Can we impose fines for indecent exposure when in their own unit but in view of the common areas?

Problem #4:
Skunky pot smell in the hallway outside his unit door. In Washington it is legal to smoke pot. But the smell is getting worse and I think he is intentionally blowing it out onto the hallway just to be a pain in everyone's rear end. I think that because he once asked me if I was going to start complaining about his smoke getting into the hallway and that was before it began to stink.

Problem #5:
Loud music. We have had the police out at least once and he was cited at that time for excessive noise. But he is still doing it. Especially on weekend evenings but not only then.

We have notified him that loud music will result in a fine.

DouglasM6 (Arizona)
Posts: 724
Posted:
Are you really sure you want to make these things COA issues? I personally think you're opening up a can of worms that you'll regret opening.

But maybe others have dealt with some of this in their respective communities and you'll get other advice.

On the loud music part, just keep calling the police. The fines will increase over time and he'll either go broke or stop playing the music. When music is a nuisance to you, make it a nuisance to the police!
KerryL1 (California)
Posts: 14,550
Posted:
Are yu saying, David, that you have n fine schedule at this time? If not, then you need one. but I don't think the bylaws are the place to list new rules and the fines that accompany them? What do your CC&Rs say about adding rules, if anything?
DavidL34 (Florida)
Posts: 4
Posted:
Why are they not COA issues? Regarding the music and the wall thumping I am asking if I can issue fines for every incident or only once per day?
DavidL34 (Florida)
Posts: 4
Posted:
The Declarations allow the board to impose fines. It doesn't say explicitly what circumstances they apply to or what dollar amount to charge. Do we have to have a schedule that lists every possible offense?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By DavidL34 on 08/02/2017 1:54 PM

I'm the president of a 5 unit condominium association. I'm intending to add some restrictions to our ByLaws ...

You as President add nothing. That would be a board decision and possibly require membership approval.

Quote:
Posted By DavidL34 on 08/02/2017 1:54 PM

I'm intending to add some restrictions to our ByLaws because unfortunately we have an owner who is trying to provoke confrontation.

I am absolutely against creating rules/regs/covenants to get one individual or household.

Quote:
Posted By DavidL34 on 08/02/2017 1:54 PM

Problem #1:
An owner is periodically banging or slapping on his common walls which is really loud. Do I need to have a special bylaw for this? How many or how often do these slaps have to occur to be fined? Can I fine him for each "outburst" or only once per day?

Really loud? Define it.

What may be loud to one may not be loud to another.
This is something that needs to be quantified vs. subjective.

You also have to have proof the sound came from the unit in question.

Quote:
Posted By DavidL34 on 08/02/2017 1:54 PM

Problem #2:
He also recently was swinging a golf club in his unit whacking the floor for extended periods of time. He has been seen taking the golf club onto the balcony and swinging it there as well.

I want to add a Bylaw that requires all sports equipment, bats, hockey sticks, golf clubs and the like to be stored either in garages or the owners vehicle and not allow any of those items to be transported through common use areas. Can I do this?

If other members agree, sure. However the restriction will need to be within the CC&Rs not the Bylaws to be enforceable.

An Association can adopt rules/regs for common areas but not for private property. Restrictions on private property must be within the covenants.

Quote:
Posted By DavidL34 on 08/02/2017 1:54 PM

Problem #3:
On at least one occasion he was standing naked a few feet into his unit but in front of a glass sliding door and when that person walked past his door the naked owner spoke to the passerby to draw his attention.
Can we impose fines for indecent exposure when in their own unit but in view of the common areas?

NOT AN ASSOCIATION ISSUE.

THIS IS A POLICE ISSUE. Take a picture and contact them.

Quote:
Posted By DavidL34 on 08/02/2017 1:54 PM

Problem #4:
Skunky pot smell in the hallway outside his unit door. In Washington it is legal to smoke pot. But the smell is getting worse and I think he is intentionally blowing it out onto the hallway just to be a pain in everyone's rear end. I think that because he once asked me if I was going to start complaining about his smoke getting into the hallway and that was before it began to stink.

Consult with an attorney.

My understanding is that Washington State legalized marijuana.
When Colorado did this they soon found out that the odor was noxious to others. This resulted in legal battles.

Consult with an attorney and find out the Associations legal options.

BTW - if you are the only one finding this as an issue it may be a neighbor v neighbor issue vs. an Association issue.

Quote:
Posted By DavidL34 on 08/02/2017 1:54 PM

Problem #5:
Loud music. We have had the police out at least once and he was cited at that time for excessive noise. But he is still doing it. Especially on weekend evenings but not only then.

Then call the police again!
Call them each and every time.
Have others call as well.

THE POLICE CAN DEAL With this better then the Association.

Everything you are discussing might already be within your covenants, as most covenants contain a section that says something along the line of: No noxious or offensive activities shall be carried on upon property, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.

NOTE: the section likely says to the neighborhood. This is why I said if it's just you complaining about it, then it's not affecting the neighborhood - it's affecting you and thus is not an Association issue.

Typically to enforce covenants, the Association will have to take the issue through the courts. Again, consult a local attorney to see what the Associations legal options are.
GenoS (Florida)
Posts: 4,276
Posted:
Golfers.... nothing but trouble.

I agree with what Tim said. Call the police and keep calling every time there's a disturbance.
RichardP13 (California)
Posts: 3,868
Posted:
Think the President needs to move. No one, I mean no one messes with my golf clubs.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By RichardP13 on 08/02/2017 5:17 PM
Think the President needs to move. No one, I mean no one messes with my golf clubs.

LOL ... So also says my husband.
DavidL34 (Florida)
Posts: 4
Posted:
Ok, so it appears there are only a bunch of trolls on this forum, not actually able or interested in providing information.

So, I'm just going to close my account and look for a more professional forum elsewhere.
TimB4 (Tennessee)
Posts: 21,059
Posted:
It's a shame when individuals are shopping for answers vs. actually wanting to learn.
GenoS (Florida)
Posts: 4,276
Posted:
It's par for the course.
DouglasK1 (Florida)
Posts: 2,046
Posted:
We apparently tee'd him off

Escaped former treasurer and director of a self managed association.
PitA
Posts: 1,416
Posted:
Was his nickname Mulligan ?
DouglasM6 (Arizona)
Posts: 724
Posted:
Probably gave us the birdie on his way out.
LetA (Nevada)
Posts: 2,679
Posted:
I am going to agree with the rest of the posters here. Your CC&R"s already cover "nuisance" violations. You can't legally single one piece of sporting goods, it would lead to discrimination. Your best course of action is to use both the verbiage in your CC&R's and filing nuisances complaints with the police department.

BTW as a duffer myself I practice swinging in the backyard and puts in the house, though sometimes my dog chases the ball.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By TimB4 on 08/03/2017 2:03 AM
It's a shame when individuals are shopping for answers vs. actually wanting to learn.

Unfortunately some think we are attorneys and potentially seeking legal advice vs learning from our experiences. After all how many times do we see someone posting "seeking legal advice" ... LOL none here . And which many of us especially old timers will tell them when we see such posts.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By DouglasM6 on 08/03/2017 2:29 PM
Probably gave us the birdie on his way out.

LOL ... His question was answered before he have us the birdie. He just did not like the answers he received.

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