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[quote=Anonymous][quote=Anonymous][quote=Anonymous]The HOA can enforce its own rules and assess rule breakers with fines.

FWIW I can understand why your neighbor is complaining.  Fire pits absolutely stink up a neighborhood and if you're using a fire pit all the time then no wonder your neighbor is unhappy.[/quote]

The HOA can't make up its own rules to enforce, though.  Unless there is a pre-existing bylaw re fire pits, it likely has to go to a vote by a quorum of homeowners before they can start money grabbing and threatening liens.

I mean, Jesus, most HOA boards are the neighborhood busybodies who are measuring other people's grass and timing trashcan pickup, can you imagine how out of control they would be if they got to make up their own rules on the fly, too?[/quote]

Not 100 percent true. Every rental, condo, coop or HOA has a general clause about the right to enforce the nuisance provision in HOA bylaws. Every HOA has a right to call out illegal activities on your property.

Your loud noises and smoke are causing neighbors to no longer be able to use and enjoy their property. Plus your activity may be illegal and in violation of lays. My condo we would have the ask the neighbor ask you to stop it, then if that failed the managing agent will call, if that fails we send a letter, if that fails the lawyer sends a letter. Only once we had a women who would not stop. At that point we instructed folks we are out. Call building dept or 911 every time you see them break a law. One old lady did just that. Funniest thing in the world, called 911 and of course they say yea yea we will come by as a minor thing, she calls the local place, they go yea yea, next day they do go by to ring  the bell. But first a quick google on the name, the guys son was a wanted criminal they showed up with the whole swat team and caught his son  at 2 am.

Hope you enjoyed breaking the rules dad

Nearly all CC&Rs3
 contain a provision saying that
certain conditions or activities will be considered a
“nuisance” and not permitted by the homeowners’
association (HOA.) Some CC&Rs’ nuisance
provisions list specific examples, such as loud noise
at certain hours or foul odors, while others merely
make a general statement that any activity or thing
affecting residents’
health or welfare will
not be permitted.
If secondhand
smoke is drifting
into your unit and
your neighbor won’t
agree to work out an
informal solution, you
may ask the HOA to
enforce the nuisance
provision against
the neighbor[/quote]

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