Blowback from trying to enforce CCRs

Our community is about 14 years old and the previous boards did not enforce many of the CCRs. Now this board does because it was the biggest complaint from homeowners. One CCR we’re trying to enforce is no basketball hoops in the streets or on sidewalks because of safety issues. One woman in the neighborhood is agitating the neighbors, demanding the board members names, implying legal action because “ if the rules weren’t enforced for the past 14 years they’re not a problem now.” We’re trying to clean up the community, improve home values, and enforce the rules we were elected to enforce. The blowback has been strong. Ideas? Suggestions? Is the fact that previous boards didn’t enforce rules going to prevent us from doing so now?
South Carolina...

Also this doesn't improve home values. It just improves the houses be more attractive to potential buyers. So know what your purpose is at the end of all this enforcement. It's to make so your HOA looks good. Otherwise, what if someone's home doesn't sell at their price and blames the HOA? That's what your setting yourselves up for if you keep saying "Values".

Because prior boards did not do their jobs does not mean that yours should do the same. The Rules are the Rules. If they do not like them they can try and change them. The main thing is you have to be consistent. Remind them of your Fiduciary Duties.

If you don't have critics you are probably not doing your job as aboard member.

Please copy and paste the covenants where it states no hoops allowed?

Or are you just another HOA that thinks they can make up rules that go beyond the covenants?

Please quote it here but it appears you have no grounds to enforce your made up rule.

I'd like to see the CC&R language too. Thank you, Brett.

I too feel there is a large legal issue here with regard to the 'abandonment of covenants.' The HOA's CC&Rs may permit the HOA to take a member, who is allegedly violating the covenants, to court, but the member will then speak (understandably, and with legal clout) of the covenants being abandoned. It's true some members will be frightened by the mere threat of legal action and cave in.

Brett, your HOA can certainly try. But if one of the members who is allegedly violating the covenants for many years came here to hoatalk[dot]com looking for advice, I would tell him or her to go represent himself pro se and speak of abandonment of covenants. The law is on this person's side.

If I were on Brett's board, I would recommend sending a letter to all members explaining the desire to restore covenant enforcement; that new owners would be expected to comply with the covenants; that long-time owners would be cut some slack but the Board would hope they understand the situation and also follow the covenants.

The concern I have with the basketball hoops is that it may violate federal and state fair housing law: Disallowing kids playing in the streets (yes, the streets) is typically seen (by HUD) as a restriction on families with kids, designed to keep families with kids out of the HOA. It may be unlawful familial discrimination. If the HOA starts trying to enforce this rule, it may be a valid Fair Housing Act claim against the HOA. I am not 100% sure on this. I too would want to see the wording.

Kinda irrelevant, IP.

Your photo shows a rather large house, that might even be hidden from the street ... I don't want trash cans out, I don't want to hear loud voices and repetitive bball bouncing at 11 pm, etc, etc.

This forum is for positive HOA assistance - not negative.

When I look at that picture I can almost hear the noise. If you don't mind it, great!

I am glad some here raised the issue of noise from basketball bouncing. Basketball bouncing has been the source of significant litigation over the years, due to the nuisance and noxiousness of the noise. See for example Schild v. Rubin (1991), California appeals court, https://law.justia.com/cases/california/court-of-appeal/3d/232/755.html .

Removal of obstructions. The Declarant , it’s successors or assigns, without notice, may remove any obstructions of any nature within roads-rights-of-way, including but not limited to, trees, shrubs, fences, Basketball goals, mailboxes, which in the opinion of the Declarant, it’s successors or assigns, either might produce a hazard or interfere with the ability or willingness of the State of South Carolina to maintain the roads.

We’d like them off sidewalks because they force people to walk into the streets, and out of the streets because they interfere with vehicles. We asked that they be moved to the yards.

So these are single family homes and you want the hoops moved from the end of the driveway where the sidewalk crosses into the driveway itself?

Perhaps a linking a picture would help.

As has already been mentioned, assuming your CC&Rs actually do prohibit basketball backboards in driveways, past boards not enforcing that restriction for a considerable length of time may put the HOA on shaky legal ground to suddenly start enforcing it. A quick googling suggests the statute of limitations on a written contract in SC is 3 years. By failing to enforce against open violations for >3 years, the HOA may have waived its right to enforce this restriction.

Having them on the sidewalk or street may be a separate issue. Who owns the sidewalks? Who owns the street? If you're a gated community, both are likely common area. If not, the city may own the streets (and maybe sidewalks), and there may be laws that would preclude playing basketball in the street. The HOA may have the right to remove/dispose of property left in common areas.

Either way, I think there are enough questions that you need to consult the HOA attorney before trying to enforce.

New Board member ran for the Board because the old members weren't enforcing rules.
Rules now enforced by new Board.
But "no" says some homeowners - Those rules were never enforced before. You can't start now.
"Why not - That's why I ran in the first place."
What to do? What to do?

Recommendations:
1. Realize that you're going to have to go through a transition period. Blowback is unavoidable until the new standard is commonly understood and accepted by the community. Could take months or years.
2. If you're going to focus on safety (a good place to start), then start communicating with the community about the importance of safety before you start enforcing.
3. Pre-announce a date when enforcement of a particular rule will go into effect.

Best of luck.

Welcome back, NpS. I hope you stick around for awhile. Good to see Tim of VA contributing more again too.

Hey Kerry. Not back yet, but thought I'd drop a line. Glad to see you're still at it.

Jared,

What?

Actually, Jared, one of the purposes of the rule of law has been to prevent people from doing dangerous things ... as most dangerous things end up putting others at risk.

Your tone is not positive to HOAs - the purpose of this site - and should not be construed by others as being broadly reasonable.

Jared,

I disagree - I have found most HOAs do the opposite - most allow far too many enforcement requirements to slide - and, then the neighborhoods slide.

As you expanded the circumstances to include scenarios that are not under consideration, it sounds like you want to turn this into a philosophical discussion - it is not - it is simply a rules enforcement discussion.

Is this post from you really how you feel? "LMAO! Testify. As a board member you need to understand reality: Everything anyone does is OK and the HOA has no right to enforce anything ever. You're welcome."

I don't disagree with either of you George or Gino. To clarify my "LMAO" statement: From a homeowners perspective everything they do is OK and no rules should be enforced on them ever. I guess my sarcasm didn't hit the mark due to the format but the sentiment is true enough.

BTW, currently both of the board members at my HOA are in violation of our Rules and Regs and they don't care... Why? Because their violations are OK while others' are not. When I was on the board I bent over backwards to make sure I didn't violate anything because I always figured if I had to enforce them then I expected myself to be in compliance with them.

Anyway, back to the basketball hoop, claiming it's for safety is a bit of a joke IMHO. Lots of people on this thread went straight to the noise but let's be honest and admit the hoops don't create sound, people do and for that there are city noise ordinances in place so if someone is bouncing a ball at 11:00 p.m. call the police.

If you want to enforce this rule claim "aesthetics" as your reason. You don't want people junking up front yards visible to the public with toys, coolers, vehicles, basketball hoops, tall grass, etc. It's a much more honest approach.

I went through this... We had a basketball goal (for whatever reason) in the common area by the pool. It was basically an empty area that may have been set up for a future playground that never happened. The goal was on grass and not played with mostly. It was just a terrible location. Had to walk down a small hill to get to it and then behind it was houses downhill. So ball could end up hitting/landing in backyards of multiple houses.

Now a neighbor at an OUTSIDE curve of the road that lead to the dumpsters had a goal put up. The goal sat in the yard edge and goal over the street. It did offer enough view from those driving around the curve to see kids playing. There wasn't a noise issue as there was a wooded area nearby and few houses. The goal had been there for years. Matter of fact, the ex-president helped put it up and was at the corner of his property. I even played basketball on occasion. No problem for years...

However, the house across the street kid got on another basketball team. The house was on the INSIDE curve. It was in a bad location for a basketball as you could imagine. The ball would have gone right into their house and it was in a blind corner. The kid used to play at the basketball goal with ALL the other kids. The parents now DEMANDED they get their own goal. Tried to explain to them that was putting their kid in DANGER (common sense) and their house. They insisted they get their own or move the other one.

So I had the basketball goal (it was portable one) moved and put across from the basketball goal in common area. That made it a court. Still no one played basketball there. Ended up having the portable one removed altogether and trashed. (It was in bad shape). We ended up banning basketball goals altogether.

From my experience if it ain't broke, don't fix it. If the community is okay with the basketball goal, then keep it. It's only an issue when someone makes it one. If they do, then it better not be a "perceived" issue but a real one. Let the kids play if it's safe and doing no harm. Stop enforcing rules to live by for the sake of enforce rules... Sometimes you got to just play and enjoy the life you are making in your HOA...