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WendyM5 (North Carolina)
Posts: 1,522
Posted:
These are our rules below. We havent' had hearings for violations since spring of 2020. funny thing is that courts have ruled #1 & #6 too vague and that first rule is probably the majority of complaints. I'd like to have only one inspection a year and not spend a lot of time on it. is this realistic? the monthly inspections I think are too much.
thanks for any insight.

1. **Maintenance**: Exterior maintenance, upkeep, and repair to the yard, fence, walkways, shrubbery, dwelling, and other improvements on each lot shall be the sole responsibility and expense of the owner of the lot. The owner of each lot shall maintain his lot or lots in a neat and clean condition, free of all trash, debris, weeds, and vines. The yard, grounds, shrubbery, and trees shall be maintained in a neat and trim condition at all times.

2. **Nuisances**: No activities or trades that are offensive or cause annoyance to neighbors are allowed.

3. **Structures**: No temporary structures (e.g., trailers, shacks) or above-ground pools are permitted. All accessory structures must match existing designs, be on permanent foundations, and not include metal buildings.

4. **Signs**: Only one sign (max 5 sq. ft.) is allowed per lot for property sale or rent. Developer signs are permitted within the development.

5. **Animals and Pets**: No animals, livestock, or poultry of any kind shall be raised, bred, pastured, or maintained on any lot, except household pets which may be kept thereon for the sole pleasure and use of the occupants, but not for any commercial use or purpose, and no more than three (3) pets over the age of six (6) months which stay primarily outside the residence shall be permitted at any time.

6. **Trash**: Keep lots free of rubbish; store garbage in sanitary containers.

7. **Fences/Walls**: Fences must not exceed 6 feet in height, no chain-link fences (except with split rail), and must be behind the house, not in front or side yards.

8. **Clotheslines/Storage**: No clotheslines allowed. Garbage cans, lawnmowers, and similar items must be stored out of sight.

9. **Antennas**: Only one radio and one TV antenna (max 5 ft. above roofline) and one satellite dish (max 2 ft. diameter, not visible from the street) are allowed, all attached to the residence.

10. **Vehicles**: No commercial vehicles over 1 ton, buses, or tagless/junk vehicles on the street. One boat/trailer or camper is allowed, but not in front or side yards.

11. **Basketball Goals**: No basketball goals are allowed within street right-of-way.


vis ta vie
TimB4 (Tennessee)
Posts: 21,059
Posted:
Wendy,

I've mentioned this in the past on similar threads.

In my previous Association we would inspect once per year (typically in May).
This would be well announced ahead of time.
The inspectors would break things into categories:
Violation - things like personal property left out, railings not painted, etc.
Maintenance Needed - things that take planning and a contractor (roof, paint of house, siding, etc.) If not corrected by the next inspection - it becomes a violation.
Concerns - things the inspector notices that the owner might not be aware of (pests living in flower bed, etc).

Yes, it took a lot of time to do (130 lots) - break into teams, inspect, gather together to discuss as needed, send letter (with pictures), reinspect/follow-up on violations.

At no other time would the Association look for violations.
We would act on any complaint received (verification, enforcement if needed, etc.) but we would not go looking for violations.

Side note: FCC OTARD (over the air reception devices) rule negates your #9.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
thank you.

vis ta vie
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By TimB4 on 08/10/2024 6:43 PM

Side note: FCC OTARD (over the air reception devices) rule negates your #9.

So 4 out of our 11 rules are basically void now. This is hillarious.

vis ta vie
SheliaH (Indiana)
Posts: 6,964
Posted:
Could you rewrite some of the rules to make them more specific? Does your city or county have rules regarding things like grass can't exceed a certain height - if do, you could adopt the city/county rules as community rules. That's what we do for our dumpsters (no heavy trash in or around the dumpsters) and for parking (vehicles must have current tags and be in operating condition.)

You may also need a few definitions in your rewrites. For example, what are commercial vehicles? How are you going to address homeowners who have take-home vehicles?

You can still have one community inspection, but you may want to start with a poll to see what the homeowners think are the major problems and focus on that. If it's #1, they should be specific, such as overgrown weeds, trees with branches that are encroaching onto a neighboring lot, etc. It doesn't preclude you from enforcing the other rules and the homeowners can still duke it out among themselves if a problem doesn't involve the common area.

You'll also need to consider how far the board is willing to go in enforcing tbe rules. You might not want to spend "too much time" on enforcement, but what does that mean? You may have one opinion, but your board colleagues need to weigh in because this isn't entirely up to you. Remember what I said in your last conversation about taking on too much. You said some homeowners want to see more enforcement- well, here's a project for them. If they don't want to help out, especially now that the community is self-managed, this may have to wait.

.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DeanJ
Posts: 1,786
Posted:
It varies with what you declaration provides, but we wrote maintenance standards for every single item such as paint, roofing, windows, sidings, doors, lawn, beds, trees, ect. They are detailed as to what is not acceptable. An example of what you need.

Roofing - Roofs shall be maintained in both good repair and appearance. Conditions that are not good repair and appearance include, , but mot limited to:

1. Any sagging visible from the any lot property line.
2. Any damage or degradation to shingles visible from any lot property line to include missing aggregate, curled shingles, missing shingles, and / or staining of shingles.
3. Any repairs completed with miss matching shingle color and/or manufacturer.
4. Damaged or missing vents.

WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By DeanJ on 08/10/2024 9:32 PM
It varies with what you declaration provides.

Our Declaration says we have the power to enforce the rules, but not the duty to. Our NC legal book says courts have upheld that interpretation.
HOA down the street has a ARC guideline book that is close to 100 pages, long. I doubt any other board member is gonna volunteer to update rules.

vis ta vie
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By WendyM5 on 08/10/2024 10:58 PM Our Declaration says we have the power to enforce the rules, but not the duty to. Our NC legal book says courts have upheld that interpretation.
HOA down the street has a ARC guideline book that is close to 100 pages, long. I doubt any other board member is gonna volunteer to update rules.

Never assume - ASK THEM. In an open meeting, so everyone can hear the responses. From there, ask them what theyre willing to do because you cant and shouldnt do everything. Perhaps they can start by reviewing the neighboring HOA rulebook to get some ideas. You may not need a 100 page book - if the other HOA is larger and has more amenities, that may explain it.

From what I can see, your community rules could benefit from some definitions and rewrites. You asked about using AI in another conversation, so once the board invests some time doing a little research on what the major problems are, you'll know how to phrase your questions in AI and hopefully get useful tips.

And if the response to your polling the community and board colleagues is a big fat nothing burger, then drop it and focus on something else. People make the time and put the resources towards the things they care about - if they really want rule enforcement that makes sense, they'll make the effort.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By SheliaH on 08/11/2024 6:53 AM
Posted By WendyM5 on 08/10/2024 10:58 PM Our Declaration says we have the power to enforce the rules, but not the duty to. Our NC legal book says courts have upheld that interpretation.
HOA down the street has a ARC guideline book that is close to 100 pages, long. I doubt any other board member is gonna volunteer to update rules.


Never assume - ASK THEM. In an open meeting, so everyone can hear the responses. From there, ask them what theyre willing to do because you cant and shouldnt do everything. Perhaps they can start by reviewing the neighboring HOA rulebook to get some ideas. You may not need a 100 page book - if the other HOA is larger and has more amenities, that may explain it.

From what I can see, your community rules could benefit from some definitions and rewrites. You asked about using AI in another conversation, so once the board invests some time doing a little research on what the major problems are, you'll know how to phrase your questions in AI and hopefully get useful tips.

And if the response to your polling the community and board colleagues is a big fat nothing burger, then drop it and focus on something else. People make the time and put the resources towards the things they care about - if they really want rule enforcement that makes sense, they'll make the effort.


good advice thank you.

vis ta vie
DeanJ
Posts: 1,786
Posted:
Then they need to get off your board. Unemforceable rules are no rules.

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