Four Wheelers a nuisance?

Greg,

The HOA absolutely can determine what is or is not allowed on common property. Do you have anything in your covenants other that " the quiet enjoyment of the lot owners?" Get it in if you do not have something. Post the property as Private which will help enforcement.

Over here in the hills of Tn, it seems that everyone except me has a 4 wheeler or mudder or whatever. They come onto association property, the Neighborhood watch calls the Sheriff and gives these dudes tickets. Some have had a few tickets before they learned about private property. Enforcement needs to go into the hands of the local authorities.

Greg,

As Donna states, the BOD definitely can determine what is allowed and not allowed on common areas. The Four wheelers can be banned from the common area whether the CCRs have a nuisance clause or not, IMO. Aside from the noise these vehicles can also tear up the grass and make a mess of the whole common area. Are they being used by children of members or nonmembers? Regardless, they can be told to leave the area.

BTW, breach of contract does not enter into this.