A Dialog on a Rule Violation

I was recently cited for a rules violation. This resulted in a dialog and I thought it might be enlightening to put that dialog here.

The following letter was received:

"April 16, 2010
Re: Bike hung over walkway in garage

Hello,

My name is [name withheld for posting] and I am one of the directors of the Briarcliffe Lakes Association Board who is in charge of Rules and Regulations/Right and Responsibilities.

As you know, a set of rules have been adopted by our community for the purpose of protecting and enhancing our common property and providing a framework for neighbors to live together in harmony.

It has been called to the attention of the Board that you have a bike hung over the walkway in the garage. According to the community's rule document, section III, D, 2, "Garages shall be used only for their intended purposes.Garages shall not be used for storage or for anything other than one passenger vehicle, etc."

The Board feels it is better to resolve situations such as this personally with the homeowner/renter so an explanation of the rule involved can be explained fully thus preventing the necessity to proceed any further. If you do not have a copy of our Rules and Regulations and would like a copy, please let me know and I will get a copy to you. The sooner the problem is corrected the better it is for everyone involved.

Thank you for your understanding. If you have any questions or concerns, please contact me.

Respectfully,

{signed by the board member]"

I then responded with the following letter dated April 19, 2010:

"Dear Ms. [name withheld for posting];

I received the attached "notice of violation" regarding "Bike hung over walkway in garage" dated April 16, 2010, with your signature and instructions "If you have any questions or concerns, please contact me."

I have a question and request a clarification.

The letter states: "It has been called to the attention of the Board that you have a bike hung over the walkway in the garage. According to the community's rule document, section III, D, 2, "Garages shall be used only for their intended purposes. Garages shall not be used for storage or for anything other than one passenger vehicle, etc."

The excerpt of the rules specifically quoted in the letter and repeated above, implies that you want me to remove the bicycle from the garage. "Garages shall not be used for storage or for anything other than one passenger vehicle, etc." The "etc." not specifically quoted, in my copy of the rules states that bicycles are permitted in the garage. I assume you are therefor telling me to move the bicycle; I therefor assume that removing the bicycle from the present location suspended above the trash bins, and moving it to a location directly above the automobile and away from the walkway, will satisfy the rule.

Please clarify.

A reply via email is acceptable.

Very Truly Yours"

I received this reply dated April 21, 2010:

"Dear [my name],

Thank you for your response to my violation letter regarding your bike hung over the walkway in the garage. It was appreciated and informative. Any information I receive from residents regarding violations helps me become more knowledgeable in understanding the process and procedures of our rules and regulations.

As for moving your bike to the location directly above your automobile and away from the walkway I do not think this is necessary. The rule states "bicycles & motorcycles may be stored in garages, provided that such storage does not obstruct access to the garage or storage unit or interfere with garage cleaning and maintenance." If you believe where your bike is now stored complies with the above mentioned rule and the residents in your building do not find it a problem then the bike may remain where it is.

I hope I have answered your concerns to your satisfaction.

Respectfully,

{signed by the board member]"


Comments, Corrections, Omissions, References
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From the above you might be wondering how this was finally resolved.

On reading the violation letters, one could ask "do the letters promote responsible ownership and behavior?"

After reading the letters of our R&R Director, what do you think my response was?

• Did I leave the bicycle in its original location, in apparent violation of the rule because of my beliefs? Specifically because "I believe where my bike is now stored complies with the rule and the residents in my building do not find it a problem."? 
• Did I move the bicycle in accordance with the published rule? 

What do you think I did? How would you have handled this and responded to the letter? What would a typical unit owner do after receiving the clarification letter? What should a committed, responsible "Homeowner" have done?