So frustrated by HOA

[Anonymous]

Anonymous wrote:

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Anonymous wrote:open burning without a permit is prohibited in Montgomery County, and fines of $500 per day may be imposed. Chapter 3 of the Montgomery County Code and Maryland regulations (COMAR 26.11.07) place restrictions on open burning.

It is illegal in nearly every part of country. Your neighbor should just call 911

If MoCo didn't want fire pits, the rec dept wouldn't be renting them.

Doesn’t mean legal

Home Depot in Bethesda sells round up which is illegal to use in MoCo

OPEN BURNING IS NOT THE SAME AS FIRE PITS

...as has now been explained several times in this thread.

Open burning is when you burn leaves in your yard and prohibited most places. A fire pit/outdoor fireplace is completely different (it is a contained fire in a stone or metal structure) and generally allowed. I don’t really know why we’re talking about MoCo, OP said they were in NoVa I think. Here is a breakdown from Arlington that is pretty typical:

https://fire.arlingtonva.us/fire-code-information/open-burning-warming-fires-grilling/

But yes, open burning is not relevant here.

So must be on non flammable surface. No grass 15 feet from anything flammable, must have a fire extinguisher, always be watched till completely out - just for starters. So I assume no one is wearing flammable clothing within 15 feet either.

Seems no one does it legally

Huh? A fire pit in the middle of a stone/brick patio is fine under this rule. And if you read on, a hose counts as a fire extinguisher.

Plus, there is an exemption for single family homes and duplexes.

This person was being willfully obtuse when I tried to explain this. Then tried to argue grilling was illegal.

I'm genuinely surprised by the level of anger shown toward fire pits, haha. The sound of my neighbors in their pool can irritate the crap out of me when I'm in a mood, but it's not like they're doing anything wrong. Same with the strong curry smell from our neighbors' cooking when we lived in a condo--could get to me but I'm a grown up so I lit a candle.

Same thing with proper use of a fire pit--I understand some may not like them but they're totally legal and commonplace. These types of inconveniences just come with the territory of living in a neighborhood.

[Anonymous]

Seriously baffled by the idea that burning wood is a bad smell.

[Anonymous]

Anonymous wrote:Seriously baffled by the idea that burning wood is a bad smell.

It's puzzling because they are going to need to ban fireplaces in order to satisfy this group.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Seriously baffled by the idea that burning wood is a bad smell.

It's puzzling because they are going to need to ban fireplaces in order to satisfy this group.

I don’t like the smell — it gives me a headache. Fire pits are worse because people use them during the time of the year when windows are open. People generally use chimneys when it’s too cold to open windows so it’s less bothersome.

[Anonymous]

When people use their fireplaces inside it pretty much contains the smell. Firepits share the odor with the entire neighborhood. I hate the smell and think it absolutely stinks so I can understand why OP's neighbors went to the HOA. OP sounds pretty intractable about it and seems to be taking a victim approach; she doesn't seem willing to consider that other people are not as enthralled by the smell as she is.

[Anonymous]

Anonymous wrote:When people use their fireplaces inside it pretty much contains the smell. Firepits share the odor with the entire neighborhood. I hate the smell and think it absolutely stinks so I can understand why OP's neighbors went to the HOA. OP sounds pretty intractable about it and seems to be taking a victim approach; she doesn't seem willing to consider that other people are not as enthralled by the smell as she is.

If you don’t smell your neighbor’s fireplaces, you aren’t paying attention. I like the smell of wood smoke, and I can smell it outside constantly when it’s cold.

[Anonymous]

Anonymous wrote:Unless it was in the by-laws when you signed them and moved in-then NOPE. They need to amend the laws with a vote from the board.

Make your case, gather signatures if needed. Do not roll over without a fight.

Condo association board member here. We are allowed to make "rules and regulations" with just board approval. You don't need to amend the bylaws for it. We just added a fine for people who leave their packages in the lobby for more than a few days -- they were piling up and attracting thieves.

Bylaw amendments require 2/3 of ownership approval, so it's a big hassle.. which is why the board is given leeway on rules and regs. We can't go tracking down owners for every little issue.

That said, I think OP's HOA is being pretty stupid about this, but the best way to fight this is to attend board meetings and also run for board. We just had 2 members on our board voted out in a landslide after owners rightfully got pissed about their profligate spending and inability to make decisions. The final straw: one owner's tenant was having sex in the foyer. Rather than just a quick email to the owner (who some of us knew personally) to tell her to tell her tenant to cool it, they insisted on writing up a formal letter citing the law regarding public nudity _and_ having it reviewed by a lawyer before sending. So it cost us $350 in legal fees and a huge hassle when a phone call or email would have sufficed.

[Anonymous]

Anonymous wrote:

Anonymous wrote:When people use their fireplaces inside it pretty much contains the smell. Firepits share the odor with the entire neighborhood. I hate the smell and think it absolutely stinks so I can understand why OP's neighbors went to the HOA. OP sounds pretty intractable about it and seems to be taking a victim approach; she doesn't seem willing to consider that other people are not as enthralled by the smell as she is.

If you don’t smell your neighbor’s fireplaces, you aren’t paying attention. I like the smell of wood smoke, and I can smell it outside constantly when it’s cold.

I was going to argue with him/her as well, but their take is so unreasonable/extreme, I didn’t even know what to say.

[Anonymous]

The bylaws typically dictate how new rules are establish. Did they follow the bylaws. Typically new rules or amendments need to proposed, presented, comment period on, and approved by board and/or residents with voting rights.

Did they follow their bylaws?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Open fire pits are most likely illegal, you are making nose and smells that are ruining neighbors ability to enjoy their home.

I am a officer in an HOA and I don’t even live there. But just last week guy two sets of complaints about smokers and grills. Folks are working from home have allergies and you get folks smoking, having a beer and Hanging out outside their windows stinking up the place.

But a damn house on a large plot if you are white trash and enjoys you beer drinking, Covid spreading, fire pit, pot smoking swinger parties on your own land

You are part of the problem.

I agree. I saw a post, it may have been here, where a vegetarian was complaining about their neighbors grilling and noticing the smells when they were running. So ridiculous. The "noxious smells" complaints can be out of line. I lived in a neighborhood where some neighbors complained to the hoa about the smells of Indian cooking coming from a house. Some neighbors were mad that an Indian family trying to sell their home in the neighborhood wouldn't rent it to a neighbor who had been displaced due to fire. The family ended up not selling their house and when they moved back in, their neighbors started complaining about the smells coming from their cooking. We had 3/4 acre lots and this was just bs.

[Anonymous]

Anonymous wrote:Seriously baffled by the idea that burning wood is a bad smell.

I was actually thinking of adding a fire pit when I get my patio redone and I'm glad I read this thread. I forgot how bad the smell can be. I 'm the poster above who lived in a neighborhood with 3/4 acre yards. Our new next door neighbor bought a fire pit and put in in his back yard away from the house. The smell was horrible. Everyone around us complained and it made my kids sick. I wonder if the wood used makes a difference. I grew up camping and loved the smell from fires but my neighbor's firepit stank. I didn't complain. It was surprising how strong the smell was from a distance.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Seriously baffled by the idea that burning wood is a bad smell.

I was actually thinking of adding a fire pit when I get my patio redone and I'm glad I read this thread. I forgot how bad the smell can be. I 'm the poster above who lived in a neighborhood with 3/4 acre yards. Our new next door neighbor bought a fire pit and put in in his back yard away from the house. The smell was horrible. Everyone around us complained and it made my kids sick. I wonder if the wood used makes a difference. I grew up camping and loved the smell from fires but my neighbor's firepit stank. I didn't complain. It was surprising how strong the smell was from a distance.

This is the problem. A fire pit in a back yard has a much larger malodorous smell "reach" than someone using wood in an indoor fireplace.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Seriously baffled by the idea that burning wood is a bad smell.

I was actually thinking of adding a fire pit when I get my patio redone and I'm glad I read this thread. I forgot how bad the smell can be. I 'm the poster above who lived in a neighborhood with 3/4 acre yards. Our new next door neighbor bought a fire pit and put in in his back yard away from the house. The smell was horrible. Everyone around us complained and it made my kids sick. I wonder if the wood used makes a difference. I grew up camping and loved the smell from fires but my neighbor's firepit stank. I didn't complain. It was surprising how strong the smell was from a distance.

This is the problem. A fire pit in a back yard has a much larger malodorous smell "reach" than someone using wood in an indoor fireplace.

It does sound like your neighbor was using bad wood, which may be a reasonable thing to discuss. But a far-ranging stink from fire pits is not usual. Our neighbors two doors down from us in Glover Park use theirs fairly regularly and while I can smell it when I’m outside, even as close as we are it is not overwhelming at all. We have a propane fire pit and can barely smell it ourselves, let alone at a far distance.

People need to chill the hell out. Those objecting to the “smell” of fire just sound like the type of people who find ways to be unhappy.

[Anonymous]

I just can’t imagine what a bad smelling fire is. Nor how this is happening. Fires smell good.

[Anonymous]

So many people living with the fear that someone, somewhere, might be enjoying themselves.