Reader Questions - Motorcycle Noise, Paralyzed Board

Motorcycle Noise

Hi Mr. Richardson,

Our Board refuses to enforce the CC&R provision prohibiting the operation of motorcycles in the complex. To change the CC&R’S requires a 75% vote of the members.  

Because of the acoustics in the complex any motorcycle operation violates the City of Los Angeles Noise Ordinance. I contacted the Neighborhood Prosecutor in the City Attorney’s office. She offered to speak at the Annual Home Owners meeting last month but the President would not add her to the agenda.

Do you have any suggestions?

J.M., Northridge

Dear J.M,

Is your HOA’s ban against all motorcycles, or just noisy ones? Some are noisier than others, so I wonder if perhaps this provision in the CC&Rs was imposed long ago.  You mention that 75% vote is needed to remove the provision. Do the members generally not support the ban, but cannot get enough votes to amend it away?  Under the Nahrstadt Supreme Court decision in 2000, one of the ways a use restriction may be invalid is if it is not regularly enforced.  It is possible that it is already too late to enforce the restriction if it has been long ignored.

Most CC&Rs have a general provision which bans creating a nuisance for other owners. An excessively noisy vehicle (2-wheeled or 4) could be a nuisance.  Perhaps the focus should be changed not to motorcycles, but noisy vehicles in general.

Would the board be willing to ask the membership about the level of concern with noisy vehicles? That might clarify things.

Best regards,
Kelly 

Paralyzed Board

Dear Mr. Richardson,

Thank you for all your work to help us run better HOAs.  Our board is struggling with a lot of infighting. None of the board members seem to care about training or even following laws.  You get the picture…it is a BIG mess.

In recent discussion among concerned homeowners, we were talking about coming up with a list of routine services and getting volunteers to be the on-site contact, so that we can ensure routine things are getting done since the Board can’t seem to work together. What we foresee is calling vendors to arrange inspection / service dates, post sign-up sheets for interested homeowners to sign up for inspection, and close the loop with the vendor on scheduling.  Of course, all cost items will be brought to the Board before services are rendered.

Do we need the Board to approve our list of volunteer on-site contacts? Are the volunteer on-site contacts in any way liable should something go wrong? 

Regards,

B.N., Alhambra

Dear B.N.,

You are describing a group of volunteers to take over much of the function of your management and board – Bad idea. If the board is doing such a poor job that volunteers are necessary to make sure basic functions are handled, you may have the wrong board (sadly, your directors may read this and not realize they are the problem).

HOA boards torn apart by infighting often are focusing on personality conflicts and power struggles more than making businesslike decisions.  I am guessing your board has lost proper focus. If sufficient numbers of members are concerned, don’t take over the board’s functions – elect a new board. Your manager may also be frustrated and stymied by a deadlocked board. See if service improves under a more functional board.

Thanks,
Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.