WHICH APPLY IN CASE OF CONFLICT?
Possibly with little awareness, owners and residents face two sets of rules that control life in Beachwood and on The Plantation. Where they can be easily found and which applies in case of conflict are questions to be discussed in this article.
Every community association has its governing documents that supplement state law on how it is to be organized and how it may operate. Beachwood’s Declaration of Covenants, Bylaws and Rules and Regulations can be found under the “Documents” tab of this web site. The Plantation’s (AIPCA) important documents are available on its website – www.aipca.net. When considering any rules issue both areas should be carefully reviewed.
What if there appears to be a conflict? What guidance is available to determine which set takes precedence over the other?
In my opinion, very little. Each situation must be determined separately. Some may be easier to resolve than others. I am confident, however, that Beachwood is entitled to initiate and enforce whatever regulations it feels will best serve its community without concern that, as one owner was reportedly told by a clerical worker at The Castle Group, AIPCA’s management company, Plantation rules automatically control.
With that said, I believe AIPCA has intentionally crafted its rules to steer clear of areas that involve day-to-day life within a condominium association like Beachwood thereby allowing the community to act freely in those areas. A recent question regarding construction work hours may help clarify.
Beachwood’s Rule XII approved at last November’s meeting, prohibits construction of any nature before 8:00 AM or after 5:00 PM and on weekends. Only two AIPCA regulations pertain to noise. Section I’s “AIPCA Security and Community Access” subdivisions “Noxious or Offensive Activity or Noise” and “Music and Noise” only prohibit offensive activity and music after 10:00 PM. More relevant is Section V of the Regulations entitled “Commercial Contractors-Work Hours and Noise.” It provides: “Exterior commercial work is only permitted from 7:30 AM to 6:00 PM Monday through Saturday.” (emphasis added)
May construction work, whether interior or exterior, be performed at Beachwood before 7:30 AM, until 6:00 PM or Saturdays? No! Our regulation says otherwise and controls.
Here, AIPCA has made no attempt to regulate the hours of interior construction work since its regulation is limited to “exterior commercial work.” It wisely leaves Beachwood to do so and we have! Where construction or renovation occurs in otherwise unregulated areas on The Plantation such as single-family homes not a part of any homeowners association, AIPCA’s rules would apply and then only to the extent of “exterior commercial work.” But even such exterior work is of little concern within Beachwood since our regulation narrows permitted work hours. Theoretically, should Beachwood or any other association attempt to expand permitted exterior work hours beyond that permitted by AIPCA, a legitimate conflict of rules situation would arise.
Any Beachwood owner or resident should feel free to contact one of our Officers or Directors with questions about our rules or help in interpreting a perceived conflict with others.
Joel Marmelstein, Director