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Old 06-19-2021, 10:38 PM   #1
Bustamove
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Complaints from neighbors/HOA on exhaust noise

I live in a townhome community in central Houston. Six townhomes each, three homes facing one another.

Just received a complaint from HOA on my motorcycles, as Iím a nighttime rider more than anything. They have me the following bull$hit schpiel:

Article VII, Section 7.04 Nuisance; Unsightly or Unkempt Conditions states that:

7.04.2 Nuisance or Annoyance. No substance, thing, or material may be kept upon any Lot that will emit foul or obnoxious odors, or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property.
We ask that you either park inside your garage or along the street when parking will exceed the above-mentioned temporary parking definition. When operating your motorcycle, we also ask that you follow the city of Houstonís noise and sound level regulation regarding maximum permissible sound levels referenced below:
∑ 65 dB(A) during daytime hours. (between 8:00 a.m. and 10:00 p.m.)
∑ 58 dB(A) during nighttime hours (between 10:01 p.m. and 7:59 a.m.)


I just got a hydraulic lift to do my own work on my bikes, so the above has me questioning whether to sell this hole and get outta town, or if we - as motorcycle riders/owners - have ANY rights to operate out vehicles on our own property.

Iíd appreciate anyoneís input on this. Iíve already sent an inquiry to my attorney, but I figured this community would have a lot more actual familiarity with similar scenarios.


***PS. Which bikes have an idle decibel level of 58-65 anyway?!?!?


Cheers!
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Old 06-20-2021, 08:09 AM   #2
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You should have been made aware of the HOA rules when buying. If you don't/didn't like the rules, you shouldn't have bought there.

Pretty straight forward. Some areas want quiet and strict appearance rules. Others, not so much.

Don't like it? Join the board and change the rules, move, or keep it up and just pay the fines.

EDIT: Side note....If they didn't send the notice certified mail/recpt requested, just deny receiving the notice; make them work to give you a notice AND...ask them to prove you exceeded the dB level with sound measurements.

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Old 06-20-2021, 12:03 PM   #3
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Yep, that's a good HOA department...

Honestly, you have an HOA that is actually doing their job. I hate paying into such things, unless I know they are using my money to do what it is supposed to do.

You should feel lucky that you have an active board that is keeping your neighborhood semi-elite. If you don't like it, move somewhere else... but be aware, that if you move somewhere else where the HOA is not as strict, you will have occasional eye sores and nuisances that you may not like and cannot change due to a lack of HOA guidelines.

I get the vibe you are not hurting for money, so why not rent/buy a shop somewhere close by, to store and work on your toys? At least this way you can do what you want... just have your attorney read the contract so you can have open range.
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Old 06-20-2021, 12:18 PM   #4
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I’m sure that going into triple digits probably increases your decibels a bit. Maybe slow down the 6-10 records attempts for a little while.

As far as Houston is concerned, there’s more than just decibel levels, see here: https://library.municode.com/tx/hous...SOLERE_S30-1DE

look at chapter 30. Particularly 30-5 (b). 30-4 has a bit to say on vehicles, though it’s likely not going to apply to you.

They would likely lose in court due to applying the overly broad “substance, thing, material” to a motor vehicle. One of the important issues when fighting an HOA is whether they are similarly ignoring someone else’s violation. Do any of your neighbors keep a vehicle parked outside of their garage? If your motorcycles aren’t in obvious states of disrepair, like belching black clouds of smoke, and they are properly registered, that takes another arrow out of their quiver, as you are maintaining your vehicle to the standards required. Are you the dickhole who “has to” rev his engine to warm it up? That gives them ammo. Have you modified your exhaust from stock? That gives them ammo, especially if they get pissy and call the popo, because the popo won’t give a hoot about your engines’ noise unless you’re being an and are obnoxious with it, and even then, they don’t to deal with this childish bullshit.

Now, I am not a lawyer, and none of what I just said means jack, diddly, or squat depending on the jury/judge you get, so take everything with a grain of salt.
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Old 06-20-2021, 01:57 PM   #5
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Quote:
Originally Posted by Tojo92 View Post
You should have been made aware of the HOA rules when buying. If you don't/didn't like the rules, you shouldn't have bought there.

Pretty straight forward. Some areas want quiet and strict appearance rules. Others, not so much.

Don't like it? Join the board and change the rules, move, or keep it up and just pay the fines.

EDIT: Side note....If they didn't send the notice certified mail/recpt requested, just deny receiving the notice; make them work to give you a notice AND...ask them to prove you exceeded the dB level with sound measurements.

Iím one of three original homeowners from 2014 in the community. No HOA rules have ever been shared or provided. I did not get into motorcycling until Iíd been living here for several years, and the neighbors have said nothing more than, ďsweet ride!Ē and been positive about it. I was perplexed when I was quoted ďArticle so and soĒ. Itís a 6 townhome community with $400 annual fees to maintain nothing more than a 3x12 foot lawn outside the gate, and any maintenance required on the gate. I ride 20 yards from my garage through the exit gate at idle; thereís no revving of the engines in my garage or inside my community, ever.

I hear my neighbor start up his Porsche Macan GTS every day; it doesnít bother me the least. Funny how itís his wife whoís the president of the HOA. AND that they own TWO Porsches. The irony is just too much to handle.
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Old 06-20-2021, 03:53 PM   #6
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Quote:
Originally Posted by Cello View Post
Iím sure that going into triple digits probably increases your decibels a bit. Maybe slow down the 6-10 records attempts for a little while.

As far as Houston is concerned, thereís more than just decibel levels, see here: https://library.municode.com/tx/hous...SOLERE_S30-1DE

look at chapter 30. Particularly 30-5 (b). 30-4 has a bit to say on vehicles, though itís likely not going to apply to you.

They would likely lose in court due to applying the overly broad ďsubstance, thing, materialĒ to a motor vehicle. One of the important issues when fighting an HOA is whether they are similarly ignoring someone elseís violation. Do any of your neighbors keep a vehicle parked outside of their garage? If your motorcycles arenít in obvious states of disrepair, like belching black clouds of smoke, and they are properly registered, that takes another arrow out of their quiver, as you are maintaining your vehicle to the standards required. Are you the dickhole who ďhas toĒ rev his engine to warm it up? That gives them ammo. Have you modified your exhaust from stock? That gives them ammo, especially if they get pissy and call the popo, because the popo wonít give a hoot about your enginesí noise unless youíre being an and are obnoxious with it, and even then, they donít to deal with this childish bullshit.

Now, I am not a lawyer, and none of what I just said means jack, diddly, or squat depending on the jury/judge you get, so take everything with a grain of salt.

Thereís no revving of the engine inside my garage or complex - ever. I ride 30 yards from my garage out the gate when I go to work; I usually start the engine outside the garage. At night, I oftentimes - not every time - walk the bike out of my garage and out the gate, without even starting the engine - and do the same when I return from a late ride. I.e. I already accommodate them the best I can, but refuse to let this HOA complaint induce any undue anxiety for my new life changing hobby.

I spoke to 4 of 6 neighbors today, and none of them had any issues with the motorcycles, not bad any of them issued complaints. The 5th one owns a Harley themselves, so I doubt they wouldíve bothered, which leaves only the wicked witch of an HOA President herself. I.e: there arenít multiple complaints, as she spelt it out. Itís just her bitter self. And her bitter self owns the loudest car in the complex, a Porsche Macan GTS , that I hear every single morning. And it doesnít bother me. I like the sound of a solid engine or exhaust.

My motorcycles are parked inside my garage at all times. I just redid the walls and floors (epoxy) so I parked my car up against my house for 4 days while that was all drying up. There was no blocking the driveway for anyone. I already snapped photos for evidence of that. And I even informed the neighbors I was parking it there only while the floors were drying in the garage.

Iíll pony up the $ for an attorney to send a letter to her/HOA to get her off my back. Already in process actually. Just not backing down from this one, period.
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Old 06-20-2021, 05:00 PM   #7
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Not just ONE Porsche, but TWO!!

Well, there's your problem lady.
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Old 06-21-2021, 10:26 AM   #8
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as an active VP of a local HOA community....I approve of all the attorney talk and escalating drama. lol

For real though, good luck with your fight.
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Old 06-21-2021, 10:47 AM   #9
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OP must have used a fly by night title company to close, pretty sure HOA rules are part of the standard checklist for buyers to receive.
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Old 06-21-2021, 02:55 PM   #10
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I had someone complaining about the macaw we were fostering for a while. HOA told them to take a hike. This dude then started threatening me with e-mails ect... Sent me all possible ordinance laws, then when I ignored him, he started spamming my wife on e-mail and messenger. I told him to call the cops and have them come out. He didn't - was just huffing and puffing. Now motorcycle, noone complains - but I keep it down.
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Old 06-21-2021, 11:18 PM   #11
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My HOA is just my wife telling me to do stuff around the house.
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Old 06-22-2021, 05:34 PM   #12
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My HOA is just my wife telling me to do stuff around the house.
My wife and yours, must be on the same board... I'm sure yours has just thrown the notices out the window and just tells you what to do now
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Old 06-23-2021, 02:00 AM   #13
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Originally Posted by Bustamove View Post
I’m one of three original homeowners from 2014 in the community. No HOA rules have ever been shared or provided. I did not get into motorcycling until I’d been living here for several years, and the neighbors have said nothing more than, “sweet ride!” and been positive about it. I was perplexed when I was quoted “Article so and so”. It’s a 6 townhome community with $400 annual fees to maintain nothing more than a 3x12 foot lawn outside the gate, and any maintenance required on the gate. I ride 20 yards from my garage through the exit gate at idle; there’s no revving of the engines in my garage or inside my community, ever.

I hear my neighbor start up his Porsche Macan GTS every day; it doesn’t bother me the least. Funny how it’s his wife who’s the president of the HOA. AND that they own TWO Porsches. The irony is just too much to handle.
Very interesting. When you signed for your home, HOA policies were never provided to you initially, in written form or electronically? You could ask the HOA board to please provide the policies from 2014 when you first moved in (compare them to the rules now, if they have it), or start attending the HOA meetings.

My sister moved into a Townhome community a little over a year ago and she wasn't feeling how things were being done (misuse of funds, no transparency, no organization) so she joined the board. It is a hot mess with the way things go on...but as someone else mentioned, if you don't like the rules the only way to change them is to either join the board or attend each meeting, and bring up the policies you have an issue with.

Most homeowners never attend the HOA meetings so they don't have a voice. Try to attend the meetings...this may diffuse the situation without having to get a lawyer involved.
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Old 06-23-2021, 09:11 AM   #14
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Are you revving your engine? My HOA never complains and I live in a similar situation. But yeah, good luck....make it a for them or politely explain its just for a few seconds while I pull in. Now, if you're an running a dyno...well your fault.
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Old 06-23-2021, 10:23 AM   #15
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Quote:
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Iím one of three original homeowners from 2014 in the community. No HOA rules have ever been shared or provided. I did not get into motorcycling until Iíd been living here for several years, and the neighbors have said nothing more than, ďsweet ride!Ē and been positive about it. I was perplexed when I was quoted ďArticle so and soĒ. Itís a 6 townhome community with $400 annual fees to maintain nothing more than a 3x12 foot lawn outside the gate, and any maintenance required on the gate. I ride 20 yards from my garage through the exit gate at idle; thereís no revving of the engines in my garage or inside my community, ever.

I hear my neighbor start up his Porsche Macan GTS every day; it doesnít bother me the least. Funny how itís his wife whoís the president of the HOA. AND that they own TWO Porsches. The irony is just too much to handle.

All HOA rules should have been (and almost ALWAYS ARE) presented at closing. I've seen it happen many times where the new homeowner is so overwhelmed or just excited to close, that they disregard a lot and then after claim that nothing was presented.

I think attitude can help solve a lot of difficult situations. Keep your rpms as low as possible until you are clear of the neighborhood. Also, resist the urge to rev it up to annoy the one that pointed you out. Being an will not put you in a winning position.


Stay cool, good luck and keep your head low
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Old 06-23-2021, 09:19 PM   #16
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townhome in the city of houston? Im out lol
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Old 06-23-2021, 11:26 PM   #17
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Are you revving your engine? My HOA never complains and I live in a similar situation. But yeah, good luck....make it a for them or politely explain its just for a few seconds while I pull in. Now, if you're an running a dyno...well your fault.
Thatís what Iíve been saying; if I HAD a dyno in my garage and was pulling full throttle, Iíd get it! But I donít even (usually) start the motorcycles in my garage. I wait till Iím in the drive way , and ride up to the gate.

Itís a 10-20 second absolutely maximum period of time that Iíve got the engine on, and no revving; Iím not trying to be a d!ck, and revving it would be nothing but.

In 2014 when I bought my home, no/zero/nada HOA bylaws were offered, provided or brought up. Period. It was not until September 2020 that a zoom meeting was held where the bylaws were shared for the first time in 7 years of the townhome communityís existence. At the time, I was on a 6 month medical disability leave, hospitalized with depression and suicidal ideations, so needless to say, I was not aware of what was going on; not the meeting even taking place until this HOA President witch referring to ďwe provided the HOA bylaws in September 2020 during our zoom meeting@. Ohhhhh. How helpful, you conniving piece of it trash!
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Old 06-23-2021, 11:30 PM   #18
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townhome in the city of houston? Im out lol
Iím about to be.. just got my garage all beautiful and showroom like, but I am preparing to list my house within the next 2 weeks and get out of here.
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Old 06-23-2021, 11:36 PM   #19
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as an active VP of a local HOA community....I approve of all the attorney talk and escalating drama. lol

For real though, good luck with your fight.
I appreciate it. Iíll take it, and escalate it, as far as it can go. To with this.

The worst part is Iíve been talking to her boyfriend for the last month as heís polishing on his new Porsche 911 , while heís been admiring my bikes when Iím washing and detailing them. Turns out heís gutless/ball-less and takes orders from the boyfriend (alpha female) upstairs. So I wonít ever acknowledge either of them again. And as next door neighbors, how messed up is that!!

Yeah, I got my PQ letter to buy a new home and actively searching. Somewhat ironic, is that Iím a mortgage loan officer at JPMC at four branches in Houston.
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Old 06-24-2021, 06:01 AM   #20
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... I am preparing to list my house within the next 2 weeks and get out of here.
So...you already have plans to move, but asked for advice/comments/input on a problem you've already planned to solve well in advance based on loan PQ letter.

Sounds like you need reassurance.

You're doing the right thing.

Better now?
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