[spotter]

We have residents that make a lot of noise. Can a Board for a HOA fine residents for noise pollution

[ScottGem]

Depends on what the bylaws of the HOA say.

[excon]

Hello spotter:

IF, as ScottGem indicated, you DO have the ability to "fine" residents for excessive noise, you won't be able to do it arbitrarily. In other words, the bylaws will have to define "noise pollution" in terms of decibels and distance, because that's how noise pollution is measured. Once that's determined, you're going to need to get a meter that measures decibels

But, having read a few CC&R's and condo by-laws in my time, I've NEVER seen such a bylaw.

Noise pollution IS, however, against most municipal laws. They already HAVE the machines, and they already HAVE the enforcement mechanisms. Sooooo, I'd just call the cops.

excon

[rockinmommy]

I agree with what Scott said.

And, I guess it somewhat depends on what you consider noisy... but don't hesitate to call the police / sherriff. Over and over if necessary. They'll most likely warn them initially (unless it's something really bad), but if you keep calling they'll get sick of coming out and start ticketing the people for disturbing the peace or something. If multiple people call it helps strengthen your case. Otherwise it can seem like one persnickety person just whining.

Also, if the HOA doesn't currently have noise restrictions in the covenants the board CAN move to have them added (it would most likely have to be voted on). THEN the noisy people could be fined, etc.

[JudyKayTee]

We have residents that make a lot of noise. Can a Board for a HOA fine residents for noise pollution

I realize your HOA has had a number of questions and problems - have you ever considered putting an Attorney on retainer, writing new "rules" and getting them passed to ward off some of these problems or help you address them when they occur?

[ScottGem]

The bylaws may have a clause that addresses home owners who present a nuisance. It may be vague on what constitutes a nuisance. For example, it might simply define it as x number of complaints from x number of homeowners.

It would then spell out what recourse there is for dealing with nuisances. If there isn't such language on the by-laws, that drafy an amendment to put them there.