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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.