Cohousing-L Mailing List: Re: Pet policy

[Diana Carroll (dianaecarroll]

On Tue, Apr 24, 2012 at 7:24 PM, RPD-Comcast <rpdowds [at] comcast.net> wrote:

>
> Well, OK:  What if you "allow" a member to play his 800 watt RMS stereo
> with his windows open?  Are you, the Association, now in violation of the
> neighborhood noise ordinance?   What if you have never considered this
> matter one way or the other, and neither "allow" nor "prohibit" such
> behavior?  Is the Association still responsible?
>

Legally?  Quite possibly.  The land is (partially) yours, so you are
(partially) responsible for what happens on it.


> Or, what if member is growing pot, or belladonna, or poppies in your
> communal garden?  Speaking personally, I might have chance of recognizing
> maybe one, but probably not the other two.  Is your Association's Managing
> Board obligated to take a course in controlled substances, and patrol the
> garden more carefully?
>

Possibly.  Ignorance of the law is no excuse and all that.  The fact that
you don't recognize pot doesn't mean you get to grow it.  (And if it's
growing on land that is (partially) yours, you are (partially) growing it.)


>
> I see people run red lights all the time.  I have a cell phone, and I can
> read the license plate.  What is my duty in such matters?
>

This is not analogous to an HOA, unless the car, or the streets it is on,
is (partially) yours.

But you do bring up an interesting philosophical/legal/moral question that
people have struggled with for centuries.  You chose a needlessly trivial
example -- running red lights, which is a misdemeanor.  But had you chosen
something less trivial -- such as, if you witness a burglary, assault,
murder or other felony take place, are you morally or legally responsible
to take some action?  That's a deep and worthy question and one our whole
society struggles with.  This is perhaps not the right forum to discuss
such weighty matters, but the questions and answers are not obvious.

Remember, too, the difference between criminal and civil matters.  While
you might not be criminally charged for manslaughter if a dog who lives on
property you (partially) own kills someone, you might well be (partially)
civilly liable for the person's wrongful death.

I will check with my Association's attorney, because I find this very
> interesting, maybe even life-changing.
>

Really?  You've never thought about matters of shared moral and legal
responsibility before?  Perhaps I am the only one -- these sorts of moral
quandaries have been with me my whole life.  I hope you aren't planning on
spending your association's funds consulting a legal expert to resolve your
inner misgivings about this...but you should certainly act in ways to
minimize your association's exposure to liability suits, if that's your
role.

-Diana (Mosaic Commons, Berlin, MA)