Section 6:13 — Nuiscances
Some of you have asked that we identify sections of the CCR to interpret and clarify. The first one we have had to interpret based on frequent inquiries from homeowners is Section 6.13:
"Nuisances Prohibited. No obnoxious or offensive activity shall be conducted in any portion of Maple Hills, nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington or any other applicable governmental entity. Nothing shall be done or maintained on any portion of Maple Hills which may be or become an annoyance or nuisance to the neighborhood or detract from the value of the Maple Hills community. The Association shall determine by Association Action whether any given use of a Lot unreasonably interferes with the rights of the other Owners to the use and enjoyment of their respective Lots or of the Common Areas, and such determination shall be final and conclusive."
That’s a mouth full. In situations like this, it is in the best interest of the community to observe local city ordinances. For example, the City of Covington states that "Yelling or shouting which is audible on the public streets or public grounds between the hours of 10:00 p.m. and 8:00 a.m. or at any time and place so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property” is one source of sound that is considered a public disturbance. See the following link where other sources are defined: https://www.codepublishing.com/WA/Covington/html/Covington08/Covington0820.html
We can’t imagine the HOA would come up with any tighter rules than are already defined by the city and enforceable by local law enforcement. It seems unambiguous to us.
Please note that it is not the HOA’s responsibility to resolve disputes of any kind. If you are faced with nuisance noise or other issues from neighbors, the Board advises the following course of action, in order of preference:
Politely request that your neighbor reduce his or her noise output or nuisance behaviors.
If that doesn’t work, call the police.
And if that doesn’t resolve it, initiate a civil lawsuit (which often ends in frustration).
Washington State encourages the use of alternative dispute resolution (ADR) to resolve differences before launching full-blown legal action. There are several sources depending on the circumstances. If things get to the point where ADR is needed, perhaps someone can be found in the community to volunteer as an arbiter.
