Truck Noise/Speed and IDR

We are moving toward a Internal Dispute Resolution (IDR) with an owner who rents out their property, their tenant is causing noise after 10pm with a noisy truck
. A board member has spoken to the tenant, the Board have formally written to the owner, who says they have spoken to tenant and still the issue continues. The court only has 5 houses so confidentiality is almost impossible. One of the complaining owners has spoken with police who said it was an HOA issue. Our IDR in the CCRs says "The Associations BOD shall designate a member of the Board to confer"

I have a couple of questions for anyone who has been through this process:

Did you involve your Attorney in the meeting, or did you meet with them in private?

Should the Board formally designate a member to represent the Board in the meeting with the owner at a formal Executive Session in a regular Board meeting.

Thanks,

Sue

1st, the tenant is not subject to your HOA regulations, the owner is. IDRs are worthless IMO. The owner should re dive a violation notice and a fine if the situation is not resolved.

Does the association have a noise rule? Does the city have a noise ordinance? We have an association noise rule and so does the city.

With Dean, I'm curious why there needs to be an IDR. Isn't the owner (via the renter) in violation of one or more of your rules or covenants? Can you write the wording of that rule or covenant for us? Or the wording of a rule about no noises after 10PM (we also have that rule)

It might be some sort of "noise nuisance in your docs?" Has you HOA sent a written courtesy letter to the Owner saying he must demand that his renter cure the violation? And if not cured then another letter calling the Owner to a hearing with the Board demanding that he get this violation solved in xx days or be fined. If not cured, is there a reason why the Board does not fine the owner forthis violation ?

We've seen a couple of situations where the the HOA has no fining schedule. Ia this police the case?

Over my long service on our Board, we had 2 IDRs, No attorney, 2 directors met with the Owner and tried to work out a solution to bring to the Board for its vote. 1st case was a failure and had to go to ADR with a attorneys a mediator, etc.

2nd occasion, 2 directors met with the owner, who was refusing to pay a fine about his tenant's noise nuisance. He was tied agree meetin with th Board at a duly noticed hang in excuse session. He still refused and our HOA finally got its $$ when he sold a few months later.. So my meager experience agrees with Dean. Worthless.

Neither was an executive session. They were a meeting, and a director submitted notes to the Board and made a rec at an executive session.

IDR is generally thought to be a waste of time and money.

I am holding an IDR meeting, I will invite homeowner, I will attend on behalf of the Board, with our Property Manager, and it will be held in Association's office. Over two years the renter had a knock on the door from a board member/neighbor, the owner received a letter for the Board asking them to ensure our CCRs related to Noise Nuisance where adhered to, and we are still getting complaints from some neighbors. I don't live in the court in question so now I sit down, open minded, to see what the owner has to say. It will be as low key as I can make it, and then we will see.

Will report back.

Our CCRs have an IDR that starts with the owner and a representative from the Board meeting to resolve. So after two informal attempts (knock on door and letter to non resident owner)
I'm moving to the next step outlined in our CCRs. I think I'm on the right track, and so does the HOA attorney. We will see! Sue