QUESTION

Enforcement on a noisy muffler issue

02/02/2021

We have a 17yr old living in the community and has been for many years.  He is the grandson of a resident and has been driving for about a year now and is created havoc, speeding, weaving lane to lane (showing off) extremely loud after-market exhaust, etc…..oh yea, and mouthy.  Gave one of our guards the finger.  I’m somewhat familiar with the 316.293(5)(A) in regard to mufflers not to emit noise louder than the noise emitted from the original manufacturer.  Basically the same law that New Jersey has.  My question is, can we enforce this within the community and if so, how?  Does it need to fall under our Docs or Use Restrictions or do we need to adopt something on the lines of, “All vehicles operated on the roadways of Shadow Wood must follow and abide by vehicle equipment restrictions governed by the State of Florida”. 

Bottom line is, he’s a punk and installed some sort of after-market exhaust and it’s pissing these people off, along with his driving violations he’s committed over the last 6 months or so.  We have already had a sit down with him and his grandfather and my GM.  Now we have another meeting set up for this Friday.  I want to be able to properly address the exhaust.  The speeding I can handle.    

There may be a noise restriction listed in the Docs but then a member of the Safety Committee mentioned something about a DB reader…….I don’t want to get into reading noise levels as he passes by.

Shadow Wood – John Grusemeyer

REPLIES

Ryan Bell – Fiddlesticks

My two cents is that you are on the correct track. I think a catch-all phrase in your governing docs would assist you greatly regarding vehicle compliance with Florida statutes. We have a catch-all phrase about behavior in general that we use often. However, it does not address any vehicle statutes and we have never used it that way.

I agree with you about not wanting to mess with the DB meter.

Scott DeAtley – Harbour Ridge

our bylaws simply state that vehicle with a loud or disturbing muffler sound are not permitted through the gate.  The discretion basically rests with the security officer.

Mark Chapman – Stonelake Ranch

Best answered by the association attorney.  There are local laws that  govern this item, but depends on your documents if you can enforce inside a private community, if in so your community is private.

Carlos Morales – Bay Colony

Fortunately, we do not have that issue here.  My condolences my friend.

David Weatherwax – Hilton Head

In South Carolina, the community roads can be platted with the county and then they are subject to all MV laws and citations can be written.  If your roads are private only, then that should follow under any POA rules, say regarding behavior, safety, driving, etc.  It sounds like In-House citations or penalties is your way to go.  At our resort we have a Citation book for In-House violations, not state citations, and we can issue monetary fines for all kinds of violations and behavior.  We then have an appeal process if the owners of the property want to appeal on behalf of their grandson.  The process is listed in our Owner Handbook, and has been approved by the community Rules Committee.

If you haven’t done so already, a meeting with owners, grandson, yourself and anyone else you deem relevant would be a first step.

Jimmy Willis – Sandestin

We have the same issue here with a group of owner’s kids. Our docs have Db restrictions, the issue is it take an average over a specified time. Not really helpful with a car traveling past at 25.

To help combat this we are working on adopting a revision to the rule that would include nuisance noise, with modified exhaust being specifically mentioned.

Scott Lynch – Full Sail University

When I was at Isleworth we had ISN and we not happy with it at all. We switched to ABDI and were very happy with that decision. Easy to use, great customer service, and features that benefited the residents. 

Joe Starns – CC of Louisiana

In Louisiana I would think your POA could adopt state traffic laws but In Fl. Sorry no clue. We have a reg that residents must obey all traffic laws. We do not enforce noise but I think the same would apply. Only problem with even state laws that say stock mufflers is those new Mustangs that are stock and loud as heck.

Dennis Marinan – Trump national

Here is what I have on the books for the POA’s Rules and Regulations…

A.    Nuisances:

1.       Pursuant to Section 10.4 of the Master Declaration, no Owner shall make or permit:

                                                  i.      Any loud and/or disturbing noises of continuing nature.

                                                ii.      Any noxious of offensive activity.

                                              iii.      Any emanation of unpleasant odors.

                                              iv.      Any other nuisance or annoyance by himself, his family, tenants, employees, agents, visitors, and licensees, nor do or permit anything by such persons that will interfere with the reasonable rights, comforts or conveniences of other Owners. No portion of any Lot or the Property shall be used, in whole or in part, for the storage of any personal property or thing that will cause it to appear to be in an unclean or untidy condition or that will be unsightly. No outside burning of wood, leaves, trash, garbage or household refuse shall be permitted in, on or about any Lot or the Property. Please see Section 10.4 of the Master Declaration for additional provisions regarding nuisances.

Do you guys have any rules or regulations such as this?

Elizabeth Sandifer – Avila

I hope this note finds you well.  We have struggled with variations of this story in the past.  We relied on our Declaration that states in pertinent part….

h.   All vehicles of every kind and nature which are operated on the streets of Avila shall be operated in a careful and quiet manner, and with consideration for all Members of the community, and in a manner to be expected from a reasonable, prudent person.

Daniel O’Connell – Williams Island

I think your board may need to pass a regulation about this as well as disturbing or disrupting Community Harmony…

Our High Rises do not allow Motorcycles because of the  noise levels and they have it in their docs and their rules and regs.

Your Board needs to institute a policy for this and for the future.

Michele Reilly – Willoughby

If the grandfather has not been helpful, and you have fined etc to the extent of your ability,  (I wouldn’t let him flip off my guards either),  I would reach out to local law enforcement.  We could fine him for the loud muffler here because we have a rule against “disturbing the peace….)   But you could always reach out to your zone car, get his/her advice and maybe call it in the next time he is leaving the community.  If the grandfather has been helpful but is equally frustrated, I would discuss that option with him first.

Tony Giles – Mediterra

Have had some issues in the past, luckily Parents sent kids out of country to school. Not sure what is in our documents, but I am sure your board

can add something in community documents to address this issue.

Louis Chiappetta – Audubon

We have a couple of kids in our community that do the exact same thing and other than a violation of the docks there isn’t much we can do about it but if it’s in the docks then you can actually take action against the homeowner

Larry Lemon – Pipers Landing

Wow John that’s a good one, do your docs contain anything about any of the issues other than speeding? I think ours are a lot like yours they have restrictions but don’t have anything in them about disciplinary actions.

Tim Cook – The Landings

I feel your pain, Brother. Always a few in the bunch that keeps us busy playing foolish games.

Typically, security does not have the jurisdiction/authority to enforce State laws or county ordinances. Get your local law enforcement involved, and they may even have a local ordinance about noise pollution.

Do your docs have any provisions for nuisances?  If your docs have language stating the Board may adopt reasonable rules and regulations, have them adopt something similar to your proposal below at their next regularly scheduled meeting. If approved, advise the membership and start enforcement 30 days later.

Orlando Ortiz – Old Marsh

We have had problems like this in the past with loud music from vendors, but not residents. Local statues for noise complaints would be my first move, I would reach out to the Sheriff for noise and disorderly conduct. The more documentation of complaints the better.

Kerry Finn – Sustaining Member

We would consider this a nuisance to the community under “use restrictions”, see attached from governing doc’s.

We’d fine them if not corrected, then lein them accordingly.  Sounds like a safety issue, if it were here, I’d have PBSO (Sheriff) involved.

Sean Cullen – Ritz Carlton

Does not apply here

Tom Cooper – Sustaining Member

We face the same issue here. We are changing our noise policy to address it, after we get out of a legal battle with an owner about a hot tub, but that’s another story.

We have decibel reader, but I think the statute says the sound must be taken at a certain speed for a certain amount of time, which is unrealistic in our world.  

If I was in your shoes, I would consult the Associations attorney for guidance.

Josh Bieri – Loblolly

I cant help with this…. Sorry.

Always willing to learn through. I would think it would have to be something in your community docs.

Maybe it can be something in your Docs that is up to interpretation that could be manipulated to help you with your cause?

Just thinking out loud.

Bill Fultz – Desert Mountain

A couple of suggestions you may have already looked into:

  1. Research what your local jurisdiction code/statute is on Noise, Disturbing the Peace, etc.
  2. Contact Local L.E. agency with jurisdiction and see how they would handle this if it was on a public street.
  3. Current city code or state statute on exhaust systems being modified.

Then work the problem backwards to your community.

If you would like to discuss in more detail call me:  480-635-5620.