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Thursday, May 13, 2021











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Subject: Motorcycle repair
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Author Messages
KathyM16
(Pennsylvania)

Posts:3


04/10/2021 11:10 AM  
Rule & Regulations state no maintenance to vehicles on community property. We received a warning letter, we adhere to it and do any maintenance off-site now. One day we noticed a bolt was missing from our motorcycle. We needed to install a new one to make it mechanically drivable, let alone safe. A Board member was walking by and we notice her phone was pointed directly at us. I laughed and said she's taking pictures of a beautiful bike. Low-n-behold it was of him working on installing a bolt. We received another letter, this being a fine.

We HAD to install the bolt so we could ride it. We weren't changing oil, installing a motor, we NEEDED to fix the front tire as to making it mechanically SAFE to ride. Avoiding any accidents caused by a loose tire.

Calling a tow company and paying money and losing time vs. a quick 15-minute repair? Hmmm, I see which was better.

I understand rules, Declaration,. Bylaws. I don't understand how the Board can go say installing a missing bolt for necessity and safety reasons constitutes them being assholes and fining us.
KerryL1
(California)

Posts:8015


04/10/2021 12:16 PM  
Any reason you couldn't have installed the bolt in your garage or back yard? Or elsewhere vs. on common area? Where DID you do the work?

You apparently were in violation previously, which must have been known by the director who took the pic.

We have the very same rule.

CathyA3
(Ohio)

Posts:1881


04/10/2021 12:24 PM  
I think it depends on the exact wording of your governing docs.

Our Declaration prohibits repair or extraordinary maintenance on the common elements except in the case of a bona fide emergency. This is a bit vague and needs a judgement call.

We would give things like replacing a bolt a pass, assuming it's a one-time thing and you can't safely drive the vehicle as is - not to mention the fact that calling a tow truck would probably be more disruptive. Things that wouldn't get a pass would be repairs that damage the common elements or disturb the neighbors, or things that happen regularly (if you're adding oil all the time, you need to get your car fixed).

If you're really unsure, ask the board and see what they have to say.
JohnC46
(South Carolina)

Posts:10944


04/10/2021 12:29 PM  
Kathy

We have the same rule but we never fine on a first violation. Sent an apologize to the BOD and explain it was a 5 minute repair that had to be done to even move the bike. Say it will not happen again and ask for the fine to be dropped. Also if you have a garage, roll the bike in there to fix it. No one will complain.

Maybe the neighbor saw it as something more drastic then screw a bolt in.

KathyM16
(Pennsylvania)

Posts:3


04/10/2021 12:53 PM  
Yes, we received a waring, so we made quite sure he did P&R work off-site. HOWEVER, the bolt was missing from the front tire, making inoperable. It was a 10-15 minute fix.

As for the R&R, it states:

#5 All vehicles must be in operating condition...

#6 Repair and maintenance is prohibited

We understand no major engine overhaul, changing oil, etc. He was merely screwing a bolt in to make it operable, their would be a major SAFETY issue if he had not noticed it and rode it that day. Okay, yes I know that may stretch it, but really? Simply putting a bolt in???

I've lived here since 7/12, I received a warning like in 2014 for something I agreed with. We e;ected a new Board in September 2020. A particular member is out to get everybody n anybody. Pushing her weight around. I have HOA experience from 15-20 years ago, their is way to communicate with people. She is a *itch, calling everyone trash. And yes, I've heard it.

Point is, come on, a simple bolt?
KathyM16
(Pennsylvania)

Posts:3


04/10/2021 12:55 PM  
No garage or back yard, small condominium development. I understand the first time, but come on, the bolt was needed to ride the motorcycle off the lot.
LetA
(Nevada)

Posts:1160


04/10/2021 12:59 PM  
I lived in an apartment complex back east and received a warning letter for changing a flat tire. In many cases No means NO!!!! If you live in a condo or townhouse with a garage, what goes on behind closed doors is none of anyones concern.
JohnC46
(South Carolina)

Posts:10944


04/10/2021 2:43 PM  
Kathy

So you have a history of violations for bike repairs? If yes, to the guillotine with you both.
JeffT2
(Iowa)

Posts:616


04/10/2021 3:42 PM  
The PA condominium Act says that the owners association has the power to:
"… after notice and an opportunity to be heard:
(i) Levy reasonable fines for violations of the declaration, bylaws and rules and regulations of the association."

Were you given notice of this violation (not just the warning before this) and an opportunity to be heard (about this violation)?
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