Re: Language in Home Owners Association Documents
From: Edwin Simmers (edwinsimmersbellcoho.com)
Date: Wed, 29 Sep 2021 12:32:39 -0700 (PDT)
Hi Marcia,

Why do your community members fear they would be making “the law paramount” if 
references to governmental rules and regulations were included in your 
community bylaw’s definition of offensive activities? Are they worried that 
some governmental agency would thereby be given some unwanted power or control 
regarding your community and members?

Let’s not overthink this. References to laws are usually included in community 
behavior standards because the most typical offensive behaviors are also 
illegal. People deserve clear standards about what they’re not supposed to do; 
references to governmental laws helps provide this clarity.

I’d be more worried about the other phrase "any purpose which would constitute 
a nuisance or be offensive to a majority of the Trustees."

Ed

> Subject: language in Home Owners Association documents
> From: Marcia Zuckerman (marciazuckerman [at] mac.com)
> Date: Tue, 28 Sep 2021
> Hello,
> 
> I’m at Bay State Commons; we're building a 30-unit urban community in Malden, 
> MA [occupancy Q1 2022!].  We’re reviewing our Home Owners Association [HOA] 
> documents and struggling with language about potentially offensive activity.  
> The current draft says,
> 
> 8. OFFENSIVE ACTIVITIES. No owner may use or maintain his or her Unit or the 
> Common Areas appurtenant thereto for any purpose or in any manner which is 
> contrary to any applicable law, rule, regulation or requirement of any 
> governmental authority, or for any purpose which would constitute a nuisance 
> or 
> be offensive to a majority of the Trustees.
> 
> Some people are concerned about making the law paramount, given the history 
> of 
> laws that supported slavery and outlawed currently legal activities such as 
> sodomy, cannabis, and miscegenation.  Do other communities make reference to 
> laws in their HOA documents?
> 
> Thanks,
> 
> Marcia Zuckerman
> Bay State Commons

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