King Solomon

I have a bit of a dilemma . One of our regular problem child was caught by the PM working on cars
in the street with cars on jack stands, The asphalt around this home is heavily damaged with oil stains and
divots from jack stands in the road. We the board have opted to call the registered owner to a hearing to
address this issue. My only reservation is where do we as a board split the baby? I myself have changed
the oil, put new brakes only one of my vehicles, topped off fluids all from the confides of my garage with the
door open. This is a far cry from doing these activities in the street. The CC&R's are as typically ambitious
when the text of the Covenant state no automotive restorative work yadda yadda yadda

Board members understand that people still like to work on their cars and there are services where
the mechanic comes to you, It is not the intent for the BOD to be that bleep-itchy, but blatantly doing
this in the street and destroying the asphalt is a game changer.

Your Thoughts,

If the covenant specifies no repairs (repairs and restorative work are different), then you are just as much at fault as the individual you want to cite.

I agree that if one wants to do the work in their personal garage it's less of an issue.
However, the proper way would be to change the covenants to properly address it otherwise, the individual may have a defense of selective enforcement.

I agree with the others. If the problem child damaged HOA property/common area, then the board needs to pass on the costs of repair to the homeowner. This assumes that your CC&Rs say that this could or should happen.

Besides that, there may be an issue with nuisance activities. Is this person blocking the street in any way? What about noise? Spilling toxic chemicals that will wash into the storm sewers/watershed? How do they dispose of waste materials afterwards? The county I live in would have opinions about such things. Emphatic and expensive opinions, in fact. What do your CC&Rs say about nuisance activities?

People *may* be on more solid ground if the work is being done inside a garage, but the restrictions on nuisance activities may apply there as well. I've seen language in other area HOAs' CC&Rs that would restrict car repair and the storing of toxic substances inside a garage. And mobile car repair services that come to individuals' homes would be violations as well. This is no different from any restriction that makes homeowners responsible for the behavior of people they invite onto HOA property.

I'm with others. Deal with the owners and charge him for the damage via your written procedures and enforcement assessment wording.

It is more than just an oil change in the street, more like full blown pulling an axel, CV joint, dropping the trans type of work.
It would be 100% less of an issue if they did it inside their garage, nobody even the PM would raise an issue.