Curfews

Yes, long term a curfew may develop problems. This I understand. Although I also feel that if you an adult and you have a legitimate reason for being outside. It’s shouldn’t be a problem. I have read all the responses once again. I hear what you all are saying. I’m not saying if you are walking your dog or talking a walk, or even getting home from work early in the morning. Basically not being mischief. That is all. I also said it would need to be thought through very carefully!

This is a good topic.
Thanks for educating me. I’m learning a lot.
Chuck W.

charles,

now that i have the curfew sarcasm out of my system, i will say that this is another one of those issues where you are far better defining the behavior you wish to outlaw than making general rules regarding "symptoms".

If you wish to prevent aggressive dogs, then define the behaviors that make up 'agressive', and outlaw them. Don't outlaw a breed.

If you wish to ban loitering, young kids who don't belong to the HOA hanging around, skulking behavior, trepassing, vandalism, etc., then define those and ban them. Don't ban "people out after dark".

If you paint with a broad brush, you will get nothing but trouble for your efforts.

I don't think IMO that imposing curfews on adults would fly, however I agree with defining behavior and that which everyone agrees may be inappropriate. If security is a concern, and you notice there are some neighbors consistently up and out walking at these late hours, maybe instaed of complaining about them you could try to form some sort of neighborhood security watch. We recently had a rash of vehicle and garage break-ins and rather than make any assumptions about our neighbors behavior, we have all tried to help by being on watch if we are in fact up and out around the neighborhood late at night. We have 2 dogs and there are many times when they may need to be walked at 1or 2 am, however we also spend our walk time with the dogs and take notice of any suspicious activity around. ie: unfamiliar cars, or people, or anything that may cause alarm. There is really no need to think that it is OK or accaptable for an HOA to impose lifestyle restrictions when nothing is being violated. As long as they are not walking the neighborhood playing loud head banging music, or causing a ruckus, i say live and let live.

CharlesW1,

I do not believe you have to apologize for your statements, freedom of speech, as is the right to congregate, the backbone of a free society. You have hinted at your current condition in previous posts, you are a survivor, hope you beat the insurance racket, and get the treatment and respect you deserve.

You stated, Playing basketball or just the neighborhood kids hanging out is not legitamate. There is NO need for them to be outside. If you have a legitimate reason for being outside after dark then it shouldn’t be a problem.

However, "thought through" your actions may be before enforcing your concept of legitamacy, your statement is your response which precipitates action and therefore enforcement.

Personally, your statement scares me if it was in a poorly run association with a dictator, as many posts in HOAtalk prove to occur.

Hopefully your feelings will be tempered, or outvoted, by other members to the board, or community if it went to a vote of 2/3rds majority.

However, from what you've posted about your HOA BOD, they may agree with creating an HOA that is at odds with constitutional rights, and think they should impose a curfew restriction just because the bylaws may permit them to without asking 2/3rds of the community how they feel first.

I truly hope the HOATalk forum gives you a chance to explore and formulate your opinions before you join a board of trustees. It seems like it is expanding your horizons, I know it has expanded mine.

Often, a BOD must act swiftly to do what is in the best interests of the majority. Understand the fact that sometimes, you don't have an opportunity of time to think things through. Actions can be undone, but you'll see what happens when you revisit your motions and statements in minutes, and the impact of flipflopping on a community.

Best of success!!
GeraldT1
NNJ

Misti, I presume your reference to the HOAs which restrict age is for the over 55 HOAa. These are created developments from the beginning with the 55 age restriction in the Covenants when an owner buys. Whereas, rules established by the Board or the Association must be reasonable. A curfew may be reasonable but a curfew which arbitrarily limits the rights of a certain age group to use the common area is not. This is considered similar to arbitrarily restricting the use of the common area to a certain race or religious group.

So practically speaking a restrictive Covenant limiting to over 55 is totally different than limiting youngsters from use of common areas which is an arbitrary Rule.