When Gary Jolley and his family moved into their new house in Springfield Township, he welcomed rules regulating neighborhood appearance and standards.
‘We moved from a neighborhood in White Lake ? things were all over the place,? said Jolley, who moved into the Dixie Lake Manor neighborhood in 1999. ‘Here, everything was nice and neat.?
Dixie Lake Manor Association’s bylaws regulate what can be parked in driveways, where equipment can be located, yard appearance, size of houses, and other aesthetics. Dues are collected, used to pay for maintenance of common areas, such as the lawn around the neighborhood’s entrance and the lake beach. It also provides insurance coverage for common areas.
When neighborhood problems come up, though, they can be difficult to solve, Jolley learned.
‘Some of the bulbs (in common areas) weren’t being replaced,? he recalled. ‘Maintenance of the sign at the front wasn’t being done. The beach wasn’t finished.?
Some residents were also not paying their dues, he said.
He and neighbors met with developer Tony Zeer in 2003 to create a neighborhood board, which would take responsibility for the bylaws and ‘take over the books,? Jolley said.
Zeer appointed Jolley and two neighbors to an interim board. Efforts to force payment of dues did not go over well ? a series of political maneuvers resulted in him being voted off the board in June, he said.
Jolley called Collin Walls, Springfield Township supervisor, for help. Walls could assist with violations of township code, such as placement of a diesel fuel tank in a lot next to Jolley’s, but not violations of neighborhood bylaws.
Many new home owners must agree to association bylaws as a condition of purchase. The rules are enforced under contract law, so township government doesn’t have jurisdiction, Walls said.
‘If a group of people want to make sure that all their houses are painted sky blue, they have that right,? he said. ‘But they are responsible for enforcing it.?
Zeer, who doesn’t live in the neighborhood, couldn’t help either. He transferred his management responsibility to the association board, he said.
‘Sometimes neighbors don’t get along with each other ? that’s not uncommon,? he said.
Other members of the association board did not return phone calls.
In Independence Township, Supervisor David Wagner and zoning officials will investigate calls from any resident. However, only violations of law or township ordinances, such as dumping, noxious weeds, and abandoned vehicles, can be acted upon, Wagner said.
‘We’ll look to see if anything in the ordinances covers the issue,? he said. ‘Other than that, they have to go to their bylaws.?
In cases where ordinances and bylaws conflict, the township prevails. For example, a neighborhood rule against fences would be overruled by the township ordinance requiring fences around swimming pools, Wagner said.
If the township has no jurisdiction, the next course of action would be to hire an attorney and take it to court as a contract violation, he said.
Independence Township has about 50 subdivisions, about half of which have active township associations, said David Poole, zoning ordinance officer. When investigating complaints from residents, he can only enforce township ordinances.
‘If it’s a by-law violation, they have to go to their neighborhood association ? they’ll handle it as they see fit,? Poole said. ‘Sometimes they have to reestablish their association.?
Residents moving into any house or condominium should read and understand all purchase agreements, Walls said.
‘The majority of legal documents for a condominium are at least an inch thick,? he said. ‘The vast majority don’t read them.?
Most neighborhood associations work together well to resolve problems. When problems occur, however, personality conflicts can cause problems. One or a few residents end up with the role of enforcer, something neighbors may not be willing to accept, he said.
‘No one wants to get into a confrontation,? Walls said. ‘The single best way to deal with others is to just say ‘please.? When people forget that, it can get tough.?
The Jolley family is planning to move soon, though not because of the neighborhood problems, he said.
‘We move about every 5-7 years,? Jolley said.
Their next house will likely also be part of a neighborhood association, though hopefully with a bigger yard for more space between neighbors, he said.
‘I’m a realist. The odds of finding a neighborhood here without an association are slim,? he said. ‘I think associations are great, as long as everyone agrees and are good neighbors.?
A third-party management company would solve many problems, he said.
‘I don’t think subdivisions can govern themselves,? he said.