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JohnK3
(Pennsylvania)
Posts:243
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| 07/22/2008 8:38 AM |
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Yeah, I know it's only July, but in our recent Newsletter we asked Membership to send the Board any "gripes" they'd like addressed in the future.
We consist of 21 SFDs. Tons of multi-kiddo families. Many put up Halloween stuff on their homes or in their yards. Same for the December seasonal stuff.
Without naming names, 3 Members asked we establish some manner of rule setting a date in January upon which yard decorations shall be removed. Not, say, lights on bushes or trees, or wreaths on doors. More along the lines of 10 blow-up Santas and reindeer, most of, by January 15, look like road kill and pretty junky.
I doubt the Board has the power to legislate this. Nor do we want to as it obviously would target a single Member. And any fines are out of the question from the Board's POV.
Have any of you encountered a similar issue? Any suggestions as to how we could get the gist of the 3's point across (and it is a good point) without coming off as 2 Scrooges & The Grinch?
Thanks.
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DonnaS
(Tennessee)
Posts:2299
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| 07/22/2008 9:38 AM |
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John,
Yup, we did. We passed it into our rules and regs that all holiday decorations must be down/removed 15 days after any holiday. Easter, Holloween, New Years for the Xmas, etc. There will always be a few but if you give them a target date, most will abide. We always need to push a few and a kind letter usually just reminds them. |
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JohnK3
(Pennsylvania)
Posts:243
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| 07/22/2008 9:59 AM |
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Donna,
Thank you. For starters, a few questions:
1. By passed, do you mean you had Membership vote on this or did your Board adopt it as a ByLaw or Resolution?
2. How do you define “all holiday decorations”? Santa I understand. But a wreath on a front door with a red bow?
3. What penalties, if any, are included?
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DonnaS
(Tennessee)
Posts:2299
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| 07/22/2008 10:29 AM |
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John,
In our documents , the Board has the ability to enact rules and regs without a membership vote. All that is required is that the members have a copy of the proposed R. and Rs 14 days prior to the meeting at which the vote on them is taken--by the BOD.
Holidays will have to include Mexican, Jewish and Christain holidays plus all of the kid things like Holoween. I sure would not touch a wreath with a red bow on the front door as this might be "house decor" but common sense will tell you what is not acceptable to still be hanging.
If you add it to your R. and Rs, then IF you have the ability to fine, it would be covered under that. We are required to notify by letter, any violations. 2 weeks later, a second letter and then if no response, the attorney drafts a letter. If there is then no action, our Covenants enforcement committee requests the non compliance to appear and they take it from there. That is who has the ability to set the fines, which the maximum are outlined in the Florida Statutes. This type of violation is usually $10.00 per day with a State maximum of $1000.00 |
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HaroldS
(Arizona)
Posts:904
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| 07/22/2008 11:11 AM |
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| "This type of violation is usually $10.00 per day with a State maximum of $1000.00" What teeth does your state provide you with for collecting these fines Donna? And is that maximum forever on a specific violation, yearly, or...? |
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DonnaS
(Tennessee)
Posts:2299
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| 07/22/2008 11:25 AM |
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Hey Harold,
No, it is $1000.00 per total accumulated amount on a singular offense. Unfortunately, the State took away the ability to put a lein on any fined amount which was probably done because of abuses by associations.. So basically, we are like a very old man with only our gumms to chew on this. Our experiences have been very seldom used and the attorney has taken over with some scare tatics per a letter which have usually resulted in resolution to the violation.
Now, do we really want to spend dollars to have the attorney get involved ---for say a $150.00 fine? No we don't but as a Board, we have the fudituary duty to enforce the CC&Rs. Remember our Escallade EXT experience. Our Board was threated by a resident/lawyer, that she would sue us until we bled because of non enforcement against these vehicles. So big or small, the Board does enforce on an even level. |
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BruceF1
(Connecticut)
Posts:499
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| 07/22/2008 11:53 AM |
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Wreaths can be seasonal, too, and don't have to be associated with a particular holiday. There are spring, summer, fall, and winter wreaths. Several of our homeowners have seasonal wreaths and they are allowed.
Speaking of wreaths, a couple of homeowners have had birds build nests in their wreaths. One homeowner had a bird's next with three eggs in it. Another homeowner just yesterday showed me a wreath on her front door that has a bird's nest with one egg and two baby birds in it.
Even Mother Nature is content with our HOA. |
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BrianB
(California)
Posts:1591
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| 07/22/2008 12:56 PM |
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and in Cali, almost every bird out there is protected by the migratory bird act, even if they aren't a migratory bird (way to go, Cali!). So, removing a nest could be serious!
and if i had a wreath on my door, i would claim Spring Solstice, Easter, Memorial Day, July 4th, Summer Solstice, Winter Solstice, National Potato Day, Arbor day, etc. all year long. Same for lights. You are always within 15 days of some holiday or another.
Also, if i put up my halloween decorations on november 16th, can i leave them up all year? I have until 15 days AFTER the holiday to remove them, right? and i got 350 days till the holiday. |
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GlenL
(Ohio)
Posts:1223
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| 07/23/2008 1:08 PM |
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John this is from an Association a friend lives in. The BOD added the clause about being able to curtail the displays after one drew so much traffic into the neighborhood that H/O's were unable to get in and out of their own homes. (The display even made the national news and was featured in a commercial.)
Holiday Decorations
All winter season holiday decorations, including lights, may be installed after November 15th and shall be removed by no later than January 15th of the following year. Decorations for other religious or secular holidays may be installed beginning two weeks prior to and must be removed one week following the holiday. All lights should be placed to have a minimal impact on your neighbors and the Board reserves the right to curtail or limit the hours of operation of any displays deemed to be affecting the quality of life in the community; sole discretion of this shall rest with the Board.
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JohnK3
(Pennsylvania)
Posts:243
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| 07/24/2008 8:22 AM |
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Glen,
Merci! That - with a tweak - should do the trick! |
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