Behavior of homeowner's guests

Our CC&Rs read as follows:

"No owner or member of owner's household or guest shall make any use of the property which will adversely affect the cleanliness and sanitary condition of their property, other owner's property or the common areas; nor shall any person commit any activity or conduct which would constitute an immoral or unlawful act."

Our Rules and Regulatins do not speak to common area behavior of homeowners or guests.

Currently, the grandson and friends of a board member are running rampant within the community at all hours of the day and night. No "immoral" or "unlawful act" can be detected or proven. Yet, having 19-20+ year old boys walking between and behind units especially at 10:30, 11:00 or later at night is unnerving to many of your single ladies and elderly couple.

Two board members are reluctant to "get involved" in resolving this situation, while myself and the other board member are struggling to find what we can use, if anything, to curtail this activity since nothing "immoral" or "unlawful" appears to be taking place....or can be proven.

Homeowners affected by the activity are too timid, afraid....I don't know....to take their discomfort with the situation directly to the board. They back off when asked to step forward.

I feel like my hands are tied without the cooperation of the other two board members or without homeowners demanding resolution. I find nothing in our CC&Rs or Rules and Regulations covering behavior of guests in the common area....since the common area is to be "enjoyed" by homeowners and their guests.

The board member was approached informally and personally by a couple of homeowners at different times regarding these activities, but the board member continues to do nothing to curtail or limit the activities of the grandson and his guests.

Since nothing in our governing documents appears to cover this situation, and an attempt by a homeowner(s) to resolve it on a personal level failed. What, if anything, should I attempt to do about it? Or, do we just have to live with it?

JoyceS1,

I’m sorry to hear of your problem. I wish I had some better advice to give. I understand what you are saying completely. It’s not against the law but it just makes many of the resident feel unsafe. I can see how many residents (young, older, female and male) can feel very unsafe and even frightening at times. Especially at night!

That’s why I am all in favor of a curfew! It has its ups and its downs. I’ve heard from a lot of the people on this discussion board about it. It would need to be stated very clearly and carefully. After 10:00 pm I would think would be sufficient enough. If you are not 16 years old or older and you don’t have a legitimate accuse, then you shouldn’t be outside. Things like coming home or leaving after dark or before sunrise) Getting medications, going to the doctors office or emergency room. Since I know that isn’t something everyone agrees with. Couldn’t your post hours for when the common areas can be used? I know it would be difficult to enforce but, I think if it is known as a violation it will deter many from being there after dark. What reason if any would someone need to be in the common areas after dark, that couldn’t wait until day break (morning)? It is a place where teens can congregate in private! It’s very rare that trouble occurs with just one individual(if any at all). The majority of the time it’s at least two if not more people. Unfortunately it’s starts at home. If the parents would monitor their children’s curfew, we as board members wouldn’t have to try to create rules and regulation as to when someone could be outside.
I’m sure there is something that can be done.

With all the creative minds that visit this discussion board we should be able to come up with something that would benefit the majority of resident rather than offending them. I don’t know how practical it would be, just a suggestion!
William had a very good suggestion. I know it’s not against the law by any means but it could be. It’s not really an HOA problem it’s more of a law enforcement issue!

Best of luck
Chuck W.

JoyceS1,

Your HOA can develop a rule and regulation that can prohibit loitering and the outdoor night activity behind owners units, or in designated common areas. Unless of course there is a community gathering during the evening that is authorized by written permission of the board.

The notion of a curfew was not mentioned by you, rather it was mentioned by CharlesW1. However, I feel compelled to comment on curfews.

Unless there is a state of emergency, I do not subscribe to the quality of life imposition of a curfew. Two reasons of which are the immorality and logistical impossibility of legislating what constitutes "acceptable" or "legitimate" outdoor overnight activity.

My belief in the immorality of a curfew aside, who is going to validate resident activity like coming home or leaving after dark or before sunrise, getting medications, going to the doctors office or emergency room, as was suggested in one of the responding posts. Is this validation of activitity logistically possible without becoming an imposition and nuisance to law abiding citizens outside at night, and police dispatchers?

GeraldT1
NNJ