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HOA covenants Quiet Enjoyment

Discussion in 'Living in, Use of the Premises' started by cwilli72, Sep 28, 2011.

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  1. cwilli72

    cwilli72 Law Topic Starter New Member

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    I have a rental property and I believe the HOA is overstepping it's boundaries with my tenants. I received a letter stating that there car smells(exhaust) and is too loud. They listed some sections and parts that they were violating. I've talked with the tenants and the car is an '87 Mustang with passes emissions, and has stock mufflers. We all know that V8 mustangs are loud anyways. The letter states that if they don't fix the problem that they will have to pay $25 per day until they do. How do they fix the problem and does the HOA have the right to inforce this?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    You need to look at the Home Owners Association rules. What do they say? I would guess that the rules are listed specifically with the "sections and parts" mentioned, right? Passing emission inspection doesn't address a loudness issue. Having stock mufflers doesn't address a loudness issue. Is there a decibel level listed? How loud is the car - take a reading. Does it differ greatly from other motor vehicles. If you have a funny car with a huge engine and it uses "stock mufflers" that can deafen an entire block, having the standard issue doesn't make your use conform with the rules and requirements set forth in the Home Owners Association rules that you agreed to abide by as a condition of your residence.
     

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