πŸ’¬ Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account β†’

⚑ Takes 30 seconds

Already a member? Log in

JohnK3 (Pennsylvania)
Posts: 967
Posted:
HO1 installed a patio w/in a fenced pool area and a walkway outside the area with bricks. Apparently, he ordered too many so has a (mostly) neatly stacked pile of maybe 1500 leftovers in his side yard which is visible from at least six other lots and also from the street. HO1 has also used some to put in a 4 foot wide, three level high, sort of messy, eyesore circle pit for bonfires he conducts a few times a year, also in the middle of the same side yard.

HO2, who lives in a house adjacent to HO1 and sees this stuff every day, approached the BOD and asked, β€œIs enough enough?” The second enough probably referring to the fact the stack has been there since 2002, the pit since 2005.

Assume our ByLaws give the BOD the latitude to have the stack and pit removed, with fines if not removed.

Our thinking is to first ask HO1 to remove them (HO1 has plenty of room inside the fence to store them out of sight). If HO1 refuses, our second step which would be to pass a Resolution limiting the visible storage of any unused construction materials for 60 days.

Have any of you faced a similar situation? If so, how did you handle it? Or, do you think it needs handling at all?

Thanks in advance for your comments and suggestions.
MaryA1 (Arizona)
Posts: 7,043
Posted:
John,

Don't your CCRs have a provision concerning the "maintenance or care of properties"? My CCRs have the following provision entitled "maintenance: misuse":

"All lots and any imprevements thereon. . .shall at all times be maintained by the owners thereof in a net, clean and sightly condition. . .no lot shall be maintained or utilized in such manner as to present an unsightly appearance or as to unreasonable offend the morales of or as to constitute a nuisance or unreasonable annoyance to. . .any owner or resident. . ."

I think this would cover the "derelict brick". However, if yours doesn't, perhaps the board can adopt a rule to cover "unsightly appearance or unreasonable annoyance"!!
DanaB1 (Connecticut)
Posts: 319
Posted:
Mary, I like your answers. Would you like to move to Ct. and be on our board?

Dana
MaryA1 (Arizona)
Posts: 7,043
Posted:
Dana,

Thank you! You're so sweet. :-) Sorry, but moving to CT is out of the question -- much too liberal a state for me.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Mary,

Yes, we have similar language: a ByLaw enforcable by the BOD, a CCR enforcable (as I read it) by other Owners.

But it's a judgment call. The pit, most would agree, looks pretty crummy; like some bricks were just tossed onto the lawn. The other 1500, however, looks like one big, square block, and looks odd rather than bad. Personally, I didn't much notice it until the issue was raised by HO2.

So again, though we CAN, we're stuck at SHOULD & HOW.

MaryA1 (Arizona)
Posts: 7,043
Posted:
John,

Get out that bottle of wine (or was it Scotch?) and mull it over! I'm sure the 3 of you can come to some conclusion, and at least you'll have fun trying. LOL

Seriously, doesn't the board have the power to interpret a provision of the CCRs? If so, then that's all that needs to be done. After you've drunk the bottle, I'm sure you'll be able to interpret it quite effectively!!!
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Mary,

Yes, we're the Scotch Guys. How nice of you to remember.

However, as we're a rather abstemious group (a great word to add to your vocabulary if you haven't already), a whole bottle won't help.

1500 bricks? How about 500? How about 50? How about 5?

3 layer fire pit? How about 1 layer at ground level?

But, yes. We'll pour then prognosticate.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By JohnK3 on 11/12/2008 10:04 AM
Mary,

Yes, we're the Scotch Guys. How nice of you to remember.

However, as we're a rather abstemious group (a great word to add to your vocabulary if you haven't already), a whole bottle won't help.

1500 bricks? How about 500? How about 50? How about 5?

3 layer fire pit? How about 1 layer at ground level?

But, yes. We'll pour then prognosticate.

Well, of course I know the meaning of abstemious. But, since you say a whole bottle won't help I'm thinking you meant to say you're NOT an abstemious group! BTW does the abstemiousness apply to food also?
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Mary,

I'm even more impressed with you. I had to look it up after I heard Daniel Day-Lewis use it in "The Bounty" a few weeks ago.

Yes, it also applies to food, but we don't have meal service at our BOD meetings.
MaryA1 (Arizona)
Posts: 7,043
Posted:
John,

Well actually I must confess. I had a good idea what it meant -- "absten" made me think abstention. I looked it up to see if I was right and found I was. Wouldn't want you to think I'm a prevaricator!

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • βœ“ Ask follow-up questions
  • βœ“ Share your experience
  • βœ“ Get expert advice
  • βœ“ Access 350,000 discussions
Create Free Account β†’

⚑ Takes 30 seconds

Already a member? Log in here