Question:
We are having trouble with new residents not obeying sound ordinancesset by our City. Loud base music bothering me, and visitors of these homes also playing loud music. Can the HOA enforce City Laws by hiring off duty Police, can fines be issued for the HOA, and can the owners be legally expelled for not paying the fines.
– Tina
Answer:
Hi Tina,
In Kansas, an HOA cannot directly enforce city noise ordinances, but it can enforce its own rules if noise restrictions are included in the governing documents. An HOA may hire off-duty police officers for security and enforcement of community rules, but these officers must enforce HOA rules rather than city ordinances, as they are acting as private security in this context.
An HOA in Kansas can issue fines for violations of community rules, including noise disturbances, if this authority is granted in the governing documents. However, Kansas law does not allow an HOA to “expel” or evict a homeowner for non-payment of fines. The HOA can place a lien on the property for unpaid fines if allowed by the governing documents.
To address the noise issue, consider proposing amendments to the HOA’s rules that align with the city’s noise ordinances. This would enable the HOA to enforce noise restrictions directly, including the issuance of fines. Additionally, you can contact local law enforcement to report violations of city noise ordinances, as they have the authority to enforce municipal laws.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
