One
of the benefits of living in an Association is the enjoyment of amenities at a cost that is also shared with your neighbors. The amenities and other shared spaces are
referred to as the "common areas". The governing documents and rules and regulations establish
how residents are expected to conduct themselves in these "common areas". Some common
restrictions relate to pets, trash cans, smoking, and parking. These exist to promote a harmonious quality
of life for the community - so that everyone is able to enjoy the shared amenities! Examples
include:
PET
RESTRICTIONS
In
many communities pets must be kept on a leash, owners must pick up and properly
dispose of excrement, and excessive pet barking must be curbed to acceptable
levels. Off-leash pets pose a threat to everyone, as the owner no longer has
control over the dog’s actions. The pet may dart away from the owner and get
struck by a car or attack another pet or person. Owners are asked to utilize
specific areas to allow their pets to use the bathroom and to pick up after
their pets. Besides being unsightly, smelly and offensive, pet excrement harms
landscaping and contaminates groundwater. Contrary to popular belief, pet urine
is not “good” for the
landscaping. Social media guru Garth Johnston states the following in his blog
“While urea is rich in nitrogen, and plants require nitrogen for leaf growth,
urea is also rich in salt. Remember Carthage? The Romans salted the earth so
that no crops would ever grow again. Salt sucks moisture from leaves and roots
alike and kills beneficial soil microorganisms. Next time you’re in any park,
look at the shrubs at the entrance and on corners; they all have a sad brown
arc of dead leaves at the base.” This is due to the fact that this spot is usually a pet favorite when entering or leaving a park.
TRASH
CANS
Trash
cans left outside well beyond pick up time are not attractive and detract from
the overall appearance of the neighborhood, sending a message that the community
is unmonitored. This encourages a rolling snowball effect, as the area becomes
a trash magnet, branching out into other issues such as graffiti. Untamed trash cans can become a hazard if
they are left tipped over in the street. It is important for community members
to know when trash pick-up days are and what is acceptable to be left on the
curb. Related to this topic, the
placement of unauthorized items in the common area also detract from the
overall appearance of the neighborhood.
SMOKING
A
common issue in condo and townhome communities is the transference of odor into
the common areas and neighboring units. While this is largely a neighbor-to-neighbor
issue the Association is sometimes asked to intervene in extreme cases. The
governing documents for communities typically have language about the right to “quiet
enjoyment” of one’s home and go on to address offensive odors or obnoxious
behavior. The smoker’s right to smoke is equal to the non-smoker’s right to
avoid exposure. It is important for smokers to take steps to eliminate odors
through mini-air filtration systems, frequent filter changes in the primary
HVAC unit, purchasing upgraded filters, or the incorporation of outdoor smoke
breaks. Some legal challenges have
started cropping up where owners sue neighbors over this issue.
PARKING
Parking
is often a challenge in communities. Parking guidelines are designed to allow
continuous ingress and egress through the community. Improperly parked cars
that impede flow and usage are not only an inconvenience but often pose a
safety hazard. Limited space available for visitor parking at clubhouses and in
condo communities also poses challenges. Frequent communications will breed familiarity
with the parking guidelines, so homeowners make the appropriate arrangements
for their guests.
Living
in an Association provides each home with certain rights and responsibilities.
It is crucial for the Association to educate the members about rules and
regulations that govern the community. When the majority of the membership is
educated on the rules and consistently observe them, property values are
positively impacted for everyone. At the end of the day, the rules are in place to protect the investment and enjoyment of all residents within the community, and therefore should be taken seriously.
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