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RobertG (Arizona)
Posts: 505
Posted:
I just wondered if anyone has done anything via the HOA to address car alarms that seem to go off without any reason. I know some localities went as far as making it some type of offense. This may not be anything that can actually be made as a violation of HOA rules, but I thought I would ask.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
If the alarms are already violates a city, county, state, or federal laws then there's no need to put them in the HOA's documentation. Those laws override any HOA rules.

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
Robert:

I don't know if that is a good idea. I know on my stupid car sometimes I bump the key ring and it goes off. I think it could fal under a nuisance category if it became a common occurence for one person, but a once in a while by random people to me is just part of living in the electronic world we are in. I would hate to fine someone for an accidental thing or if someone actually tried to break in and the alarm scared them off.
LindaC3 (Florida)
Posts: 526
Posted:
Our HOA because of our location deep in the country has actually made a policy that in the event of an emergency and if your vehicle has the "panic" button on your key they advise you use it to draw attention to your property......Some locales have made it an offense that after the second 'false" alarm you could recieve a ticket..........LindaC
BarneyC
Posts: 50
Posted:
Quote:
Posted By BradP on 07/27/2007 3:37 PM
Robert:

I don't know if that is a good idea. I know on my stupid car sometimes I bump the key ring and it goes off. I think it could fal under a nuisance category if it became a common occurence for one person, but a once in a while by random people to me is just part of living in the electronic world we are in. I would hate to fine someone for an accidental thing or if someone actually tried to break in and the alarm scared them off.

My position on this it that a car alarm is a lot like a pet. Its the owner's responsibility to deal with issues. Its not the owners fault if the pet goes to the bathroom in a hallway, but if it happens repeatedly something has to be done. If your car alarm is out of control, get it fixed or have it disabled. The same with a pet (don't disable your pet, but get it a diaper or something). You're not going to fine someone before warning them, but annoying things that happen repeatedly have to be addressed as a matter of your responsibilities.

In your case, you may be putting yourself in a bad situation by not having a rule because you don't want to fix your car alarm. Other people in your HOA are suffering (perhaps) to save yourself from having to deal with the issue. I wouldn't tell other people that you don't have a car alarm policy because your car is part of the problem.
RobertG (Arizona)
Posts: 505
Posted:
Let me backup a bit. Our HOA does not have any rules for or against alarms. They have not talked about it. I don't have a car with a problem. I don't have a opinion either for or against. I just heard one go off the other day and wondered IF any other HOAs had done anything about it. I guess I was just trying to find a new topic to discuss away from some other more distasteful discussions.
LindaC3 (Florida)
Posts: 526
Posted:
RobertG....I like your analogy of having a new topic....thanks for the Saturday a.m. giggle....But to clarify.... are you talking about the type of car alarms where if say a cat jumps on the car...the alarm goes off...or are you talking about the "panic" type alarms that are on key rings......Thanks again for the giggle...LindaC
RobertG (Arizona)
Posts: 505
Posted:
Quote:
Posted By LindaC3 on 07/28/2007 7:41 AM
RobertG....I like your analogy of having a new topic....thanks for the Saturday a.m. giggle....But to clarify.... are you talking about the type of car alarms where if say a cat jumps on the car...the alarm goes off...or are you talking about the "panic" type alarms that are on key rings......Thanks again for the giggle...LindaC

I guess I didn't realize there was a difference. If there is, then it would be the type that indicates someone is breaking into a car. I would think that is they kind that usually goes off, but you can tell my never does or I would know the difference.
BarneyC
Posts: 50
Posted:
My point was that an alarm that goes off because a cat jumps on the car is a defective piece of junk. The argument that you can't help it isn't viable. You have the option of 1) getting a better alarm or 2) having the alarm disabled.

If alarms are an annoyance, you must have a policy that is uniform and clearly defined without regard to whether some people might have cheap alarms. Impact alarms (designed to go off when someone breaks your window) should NOT go off because someone stumbles and puts their hand on your car to break the fall, or if a 15lb cat jumps on the car (perhaps a full grown tiger, but not a cat).

I'm not sure if you can declare a car to be a nuisance, but I think you probably can. In which case you can dictate that they get rid of the problem, or get rid of the car.
BarneyC
Posts: 50
Posted:
My point was that an alarm that goes off because a cat jumps on the car is a defective piece of junk. The argument that you can't help it isn't viable. You have the option of 1) getting a better alarm or 2) having the alarm disabled.

If alarms are an annoyance, you must have a policy that is uniform and clearly defined without regard to whether some people might have cheap alarms. Impact alarms (designed to go off when someone breaks your window) should NOT go off because someone stumbles and puts their hand on your car to break the fall, or if a 15lb cat jumps on the car (perhaps a full grown tiger, but not a cat).

I'm not sure if you can declare a car to be a nuisance, but I think you probably can. In which case you can dictate that they get rid of the problem, or get rid of the car.
BradP (Kansas)
Posts: 2,640
Posted:
Barney:

If you reread my post I mentioned that if it happens multiple times then it could fall under a nuisance category in your CC&R's. So in the three years I have lived here the alarm has gone off once at my residence, I guess I should pack that piece of junk up today. It happens more at work when I am putting stuff in and out of my car with my keychain in my hand.

My point is if it is once in a blue moon, no big deal. If it becomes an issue then deal with it. We don't have an issue in our neighborhood, I can count on one hand the amount of times a car alarm has gone off in three years and still have fingers left.
BarneyC
Posts: 50
Posted:
You couldn't categorize it as a nuisance if you don't have any rules about car alarms. Nuisances must have multiple documented occurances of violations. If you don't have a car alarm rule, then you can't fine or warn someone about it, and you can't declare it a nuisance either.
BradP (Kansas)
Posts: 2,640
Posted:
well..when it becomes an issue it will be addressed, we have too many things to do to worry about that right now, especially since it isn't a problem.
RobertG (Arizona)
Posts: 505
Posted:
Using my original question as a way to broaden the scope, what would you think about this issue?

Should you make a rule that is clearly not enforceable (or easily enforceable). For example, using the car alarm. If you make it a violation, but in order to fine the person, someone most make a report that can be substantiated. That means others than the property manager have to be the police. Should the HOA make the rule if you really have a hard time enforcing it?

Another example that is more concrete. Our HOA tries to make sure that all violations are notified by the property manager. Arizona has some issues with reporting exactly who made the violation notification so we stress getting the property manager to do it to avoid having homeowners become the bad guys. Anyway, the HOA now requires that trash cans cannot be put out before 4pm the day before trash pickup. I think it used to say the trash cans can't be out more than one day before. There is probably some logic in not having the trash out too early. However, we don't have our property manager make any patrols on the weekend so they would never (as of now) be able to see a violation. Should the board really make such a new rule?

I know someone recently mentioned about the board spending time on the important issues. Maybe this all comes down to just that. Again, I bring this up more for a theoretical intellectual discussion than to try to solve any particular problem. If you can think through more general issue, it just might make it easier for all of us to solve the bigger ones.
LindaC3 (Florida)
Posts: 526
Posted:
RobertG...I fully understand all of what you are saying......Rules are intended to maintain order..not create chaos....LOL.......At least thats what my parents of 8 children use to tell us growing up....Our HOA has a noise nuisance in our RULES but that mostly deals with say late nite out of control party people..Not to worry about that in our HOA...for the most part they all hit the hay EARLY......But like I said in aprevious post we did make a POLICY that in the event any of needed anything we were to use our "panic" buttons on our keys to notify someone,anyone that help was needed UREGNTLY at the sound of that alarm...I find it hard to believe that most HOA'S have had to experience out of control car alarms..but then again I may be wrong ......I would be har pressed to make a rule that excludes cars with alarms and leave it up to the neighbors to maybe talk to the neighbor if the alarm gets out of control..

As far as garbage cans.....cant help ya there.....we live in the country and THANK GOD dont have curb side service....We take it to an enclosed garbage station here at our community and are done with it.......LindaC
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Here's a dumb question.... What if the car is really being stolen and the alarm is going off? Maybe by the time someone notices the alarm the person has run off like the alarm is supposed to do. How does anyone know that the alarm is a false one?

One day, I was walking my dogs and I heard a car alarm go off. It turns out an elderly lady was attempting to start her car. Somehow the alarm system got tripped. She was panicking as she could NOT get the alarm system to turn off. Luckily for her, I owned a similar model vehicle and knew what the problem was. Had the same exact issue myself a few times. I was able to get the alarm to quit after a few seconds and tries.

This was on a weekday and in the middle of the morning. Most residents were at work. So it wasn't really a nuisance if no one was home to hear it. What do you suppose one does about that situation if there is a "false alarm ordinance"? It was later found out the lady was diagnosed with early signs of alzheimers. This was an actual health sign since it was a "confusion" issue with the key fob that set off the alarm.

We also have an issue with residents owning the "Help I've fallen and can't get up" alarm systems. Those alarms go off multiple times. When they do the police or emergency services must respond immediately. I was on the "list" of one of those residents to respond. Many times, those would go off accidently or were falsely pressed. Several occassions the police literly busted the door down to get inside! Now the resident is left with a broken front door.

So it's not just car alarms that cause an issue, but the new health alarms as well. Where do you cross the line to ban? What about house alarms? I think that these type of systems should be up to the police to monitor and to issue violations for NOT HOA's. Individual's can't always tell if the alarm is false or if it is accidental. I've sat on my keys and set off my alarm before. Alarm controls and limits really fall into the hands of who monitors them. That's the police and emergency services.

Former HOA President
BarneyC
Posts: 50
Posted:
Quote:
Posted By RobertG on 07/28/2007 3:41 PM
Using my original question as a way to broaden the scope, what would you think about this issue?

Should you make a rule that is clearly not enforceable (or easily enforceable). For example, using the car alarm. If you make it a violation, but in order to fine the person, someone most make a report that can be substantiated. That means others than the property manager have to be the police. Should the HOA make the rule if you really have a hard time enforcing it?

Another example that is more concrete. Our HOA tries to make sure that all violations are notified by the property manager. Arizona has some issues with reporting exactly who made the violation notification so we stress getting the property manager to do it to avoid having homeowners become the bad guys. Anyway, the HOA now requires that trash cans cannot be put out before 4pm the day before trash pickup. I think it used to say the trash cans can't be out more than one day before. There is probably some logic in not having the trash out too early. However, we don't have our property manager make any patrols on the weekend so they would never (as of now) be able to see a violation. Should the board really make such a new rule?

I know someone recently mentioned about the board spending time on the important issues. Maybe this all comes down to just that. Again, I bring this up more for a theoretical intellectual discussion than to try to solve any particular problem. If you can think through more general issue, it just might make it easier for all of us to solve the bigger ones.

It seems to me that if no unit owner complains about an alarm, then it isn't a problem. Car alarms are only a problem if they annoy someone; its not an unsightliness issue. A simple rule should be:

- Any individual car/alarm receiving 3 complaints from unit owners within a 120 day period will be considered a nuisance, owner will have 30 days to 1) disable the alarm 2) show that the alarm was repaired or replaced. Without such documentation provided, subsequent incidents will result in the towing of the car at owner's expense.

of course check with your attorney on this, but this type of rule defines a nuisance uniformly and provides a clear remedy and consequences.

You can't really do anything about random occurances. You could fine people after 1 report I suppose. But you have to establish that the alarm is defective. If someone hits the panic button by mistake I can't see doing anything about that. When I get a rental I do it occationally.

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