Dirt Bikes and HOA Common Areas - 2024

Started by KaryC • 25 replies • 410 views

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KaryC (Virginia)
Posts: 14

Posted:

I am researching the riding of dirt bikes in the common area of an HOA community of approximately 30 homes or less in Virginia. Our HOA Board of Directors recently "approved" the riding of a dirt bike in the open common area of the development. Some board members (and a number of homeowners) thought they were voting no. During the meeting, the idea of dirt bike riding was addressed and the question posed as to whether to allow or not allow dirt bike riding was asked in a confusing manner. The dirt bike riding has no restrictions on the size of the bike, the age of the rider, whether friends of homeowners can come and ride their dirt bikes as well. Some board members are closing their eyes to any liability issues, feeling that posting signs regarding personal liability will suffice. I have talked to several insurance companies and they all say the same thing - liability. One insurer also advised that if we allow dirt bike riding in the common areas of the HOA, we need a certificate of insurance stating that the bike is insured. Has any other HOA faced this issue and how have you handled it? Have you made a rule about no dirt bike riding (as well as ATV, go-karts, etc). Our county has noise control rules, however doesn't want to enforce this noise unless someone presses charges in front of the magistrate. The police do not seem to want to enforce their noise ordinance. I have approached the HOA Community Group that oversees our development to find out how many communities they oversee and out of those communities, how many of those communities allow dirt bike riding. I am curious as to what other HOA members have to say or suggest. Our HOA meets again in the new year and I am looking for as much information as I can present.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Dont' worry no one has ever gotten hurt riding a dirt bike. And even if they did and became handicapped with huge medical bills they would never ever sue the HOA. Just grab a copy of your HOA insurance, call them and ask them what a $5 million dollar claim that isn't covered divided by 100 homes would come out to. then send out a bill to all 100 homeowners saying you are asking for a special assessment to cover the liability since the Board allowed this foolishness.

vis ta vie

KaryC (Virginia)
Posts: 14

Posted:

Thank you, Wendy! Since liability is the big topic, as a homeowner I do not want to pay for extra insurance so that someone can turn my community into a public motocross track. We have less than 30 homeowners who I am sure don't want to pay more money for this. I am only seeking information on what other communities do or have done to stop their community from becoming a motocross track. Sadly, we have opened the door to one without excluding anyone. This means we could see perhaps 5 dirt bikes being ridden (or raced) in a common area because we did not limit or stop this before it becomes a major issue. However, I would suppose if we proposed this, then the issue would be stopped in its tracks (sorry for the pun!). I will use this as an example at our next meeting - thanks!

LetA (Nevada)
Posts: 2,679

Posted:

The first thing I would do if I was you is call my homeowners insurance agent and add a Loss Assessment rider to my homeowners policy.

Your board is playing with fire and they will get burned. Unfortunately, homeowners that do not protect themselves with a
Loss Assessment rider will lose their homes in a lawsuit..

The board needs to revoke this now and post signs in the neighborhood prohibiting the use of dirt bikes, ATV's etc from
common areas.

TerriS6 (California)
Posts: 3,284

Posted:

Your Declaration probably requires approval by all members to grant exclusive use of part of the common area to anyone. Once dirt bikes come in, that will make the area unsafe for anyone else to use, making it effectively an exclusive area for owners of dirt bikes. Your Declaration also probably has a nuisance clause. Your members can call a meeting and likely have the decision reversed.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By WendyM5 on 10/27/2024 7:48 PM
Dont' worry no one has ever gotten hurt riding a dirt bike. And even if they did and became handicapped with huge medical bills they would never ever sue the HOA. Just grab a copy of your HOA insurance, call them and ask them what a $5 million dollar claim that isn't covered divided by 100 homes would come out to. then send out a bill to all 100 homeowners saying you are asking for a special assessment to cover the liability since the Board allowed this foolishness.

And consider running for the board yourself. You clearly know trouble when you see it coming, unlike the current crew.

KerryL1 (California)
Posts: 14,550

Posted:

Please clarify, Kary:

What do the meeting minutes say re: the Board approval. Please cite the exact motion and approval.

What do your governing docs say about WHO can make rule changes, which is what this seems to have been.

What this a Board meeting or a meeting of the owners, i.e., a members meeting? I.e., why were ownrs voting?

As Terri suggest, DO find the "nuisance clause" in your CC&Rs. It might look something ike this: 7.3.8 Offensive Conduct; Nuisances. No noxious or offensive activities shall be
conducted within the Project. Nothing shall be done on or within the Project that may be or may become an annoyance or nuisance to the residents of the Project. "

You wrote, Kary, that your "HOA meets again in the New Year." WHAT kind of meeting is it? A Board meeting?? A meeting of the members?

KaryC (Virginia)
Posts: 14

Posted:

That is a good idea! I will definitely look into it and then advise others to do the same.

KaryC (Virginia)
Posts: 14

Posted:

Cathy, I am on the board as the secretary. It is basically one person who is ruling the roost and proclaiming let people do what they want as long as they don't bother him. I will be fighting this and plan to be armed with all the information that I can get.

KaryC (Virginia)
Posts: 14

Posted:

Kerry, Our HOA Board meets twice yearly - generally in Jan/Feb and then again in Nov/Dec. The Board meeting is all board members (5) and homeowners that want to attend. Our attendance is small, maybe 6 or 7 homeowners out of a total of 25. We try to encourage attendance, or proxy's in case you can't attend. Our local HOA is governed by a larger association (where our dues go, plus help us govern with our rules and regulations, county and state rules, etc). We are a small and informal HOA, however try to abide by the rules set by the governing association.

The meeting minutes state that "it was decided to take a vote of present homeowners (those that showed up to the meeting) to either restrict or allow the riding of dirt bikes. By a slim margin, the vote was to allow the dirt bike in the common area. However, ATVs and motor bikes are restricted within the subdivision due to them not being licensed or inspected. While this will not be enforced, as a homeowner you can contact the police. Motorized recreational vehicles, to include gas and electric vehicles, used on the property is at user’s own risk. Homeowner will be held responsible for any damages or injuries caused by their actions. Please observe all state, federal, and local statutes." The one board member who wants to let people do whatever in the common area harps on signs for liability on the rider, getting the family to agree to pay for damages (nothing in writing and no certificate of insurance to prove the bike is insured).

Owners get to have a vote in our HOA. I looked over our HOA rules and there is nothing in there regarding nuisances - noxious or offensive activities, etc. We do have a county ordinance about nuisance noise: "Noise Control, the excessive and unwanted sound is outlined. In section 15.2-5, it is stated that “No person shall permit, operate or cause any source of sound or sound generation that is audible in any other person’s residence with the doors and windows to such other person’s residence closed.” This does not include items of routine yard maintenance not limited to mowing, trimming, clipping, leaf blowing and snow blowing. You can call the sheriff, however they won't do anything because you need to appear before a magistrate in order to file a complaint and then the sheriff will do something. I am not sure if we contacted the county code office to report it if anything would be done. That is my next step to find out.

The next meeting, while billed as a Board of Directors meeting that homeowners attend and can vote when voting occurs.

I hope I have answered all the questions - if not, let me know.

KaryC (Virginia)
Posts: 14

Posted:

I have specifically proposed that every homeowner should get a vote (as anonymously as possible because the dirt bike family can be extremely nasty and vindictive), and was shot down with the excuse that "everyone is invited to the meeting. If they don't show up, too bad. I don't think we can ask for every homeowner's vote by ballot."

TerriS6 (California)
Posts: 3,284

Posted:

Kary, your Declaration should specify how member elections must be conducted including notice, quorum, percentage of member votes needed to pass something, etc. was it a vote by acclamation or ballots? What does your Declaration allow? Since they are so informal, it is quite possible the board did not follow your member elections criteria.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Kary

Does the Master HOA have any restrictions on dirt bikes? If so, it may not matter what your association says.

KaryC (Virginia)
Posts: 14

Posted:

No, our HOA rules don't show a nuisance clause. However I will be asking the association who governs our community if there is one.

KaryC (Virginia)
Posts: 14

Posted:

Yes, there is that information. We need 25% (6.25 homes) to be present for a quorum at our meetings.

DeanJ
Posts: 1,786

Posted:

You need a recall vote of the Board because the people you have now are not acting in the interest of the corporation.

KaryC (Virginia)
Posts: 14

Posted:

I need to ask about the Master HOA rules from the association. Thanks for the information!

KaryC (Virginia)
Posts: 14

Posted:

When I broached this subject on Saturday's meeting, everyone was told that we just voted on this in June and can't rescind or make a change this soon. It needed to wait until our next meeting in January/February of 2025. Then we could change the rules. This is the same party who wants homeowners to do what they want.

KerryL1 (California)
Posts: 14,550

Posted:

This still is very confusing, Cary. Dies your "group" of 25 ownrs have CC&Rs (aka a declaration, covenant, deed restrictions?). If so it probably says how to make rules.

Do you have Bylaws for this 25?. Aren't they where it says how you get elected to be secretary? nd the DIFFERENCE between BOARD meetings and meetings of the MEMBERS (owners)?Example, usually a BOARD meeting requires a majority of directors to be present to "make quorum." MEMBERS meetings, however, my have a very different % o make quorum.

I think I'm seeing a Board or group, or? That is not following any typical Bylaws or VA state hOA laws. Your meeting minutes, for example should state that a motions was made and seconded to ....And should in clue with a vote.

I am sorry to say this, but there seems to be a huge mess in your sub-association or whatever it is....

KaryC (Virginia)
Posts: 14

Posted:

I am confused at times as well. The elections are made that one person, usually an active board member makes a motion to nominate someone for a board position, it is seconded by a board member - all those in favor say "aye" and you're in. You could decline the position, however it has been the same people on the board for the past 3 or 4 years. No one in the community seems to want to be on the board or generally participate in the meetings either. I will have to research more, however the by-laws I have are not very helpful. And yes, I will agree that our subdivision HOA is a mess. A certain party wants to talk to a homeowner about shoes on his front porch, but not bikes/toys left in the yard or the dirt bike issue. Our association representative is not a big help at all when it comes to this matter.

Looks like I need to do more digging into the HOA rules, the by-laws and CC&R's. I am willing to bet most of the homeowners are not aware of things either.

Thank you for your help and suggestions!

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By KaryC on 10/28/2024 12:56 PM
I am confused at times as well. The elections are made that one person, usually an active board member makes a motion to nominate someone for a board position, it is seconded by a board member - all those in favor say "aye" and you're in. You could decline the position, however it has been the same people on the board for the past 3 or 4 years. No one in the community seems to want to be on the board or generally participate in the meetings either. I will have to research more, however the by-laws I have are not very helpful. And yes, I will agree that our subdivision HOA is a mess. A certain party wants to talk to a homeowner about shoes on his front porch, but not bikes/toys left in the yard or the dirt bike issue. Our association representative is not a big help at all when it comes to this matter.

Looks like I need to do more digging into the HOA rules, the by-laws and CC&R's. I am willing to bet most of the homeowners are not aware of things either.

Thank you for your help and suggestions!

What you describe is election by acclamation. It's very informal and may not be allowed in your governing documents.

KerryL1 (California)
Posts: 14,550

Posted:

I', thinking, Cary you need to read about the difference between officers and directors.

Generally, unless to fill vacancy, Only Oswrs may vote on who the directors are. The, the director choose the officers. You must read you Bylaws.

The other thing is that the so-called minutes to approve th edit m bikes do not show motions or votes. This so-call "approval" wouldn't. stand up in court, imo (not a lawyer)

And you still need to tell you if the Ones can make a rule by voting? Or only if the Board can?

You mention "Our association representative." Is s/he a member of the Association's board? Or is this some kind of community manager?

KaryC (Virginia)
Posts: 14

Posted:

Doing some more digging and discovered this in the CC&Rs (it is on our Facebook page under files or media. It is where all the previous board meeting minutes are located).

Section 6.09 – No Offensive Activities
No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon
which may be or may become an annoyance or nuisance to the neighborhood.

KaryC (Virginia)
Posts: 14

Posted:

Basically the association representative is a community manager for our development. He has no voting rights and he is not on the board. I think he manages a few other developments as well. I will check those by-laws. Thank you again for the information.

KaryC (Virginia)
Posts: 14

Posted:

Thank you everyone for the information and suggestions you have presented. I appreciate it! I have a lot of reading and research to do to be ready for our next board meeting. Thank you everyone!

KerryL1 (California)
Posts: 14,550

Posted:

note your "nuisance clause" doens't include the common areas, Kary.

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