Can a casual renter be blacklisted?

We are a relatively mature residential/vacation community in a very rural area, quite different from what most folks consider an HOA to be. Our community consists of 2,700 acres of which there is a 500 acre common conservancy containing two large lakes. Our conservancy is crisscrossed by a series of walking trails which are frequented by deer, bear, beaver, wild turkeys, fox, coyotes, bald eagles and many other species of both animals and plants native to the area.

We have 452 lots of which 351 have been developed. Those that are developed are a mix of permanent residents and vacation or rental homes. All are single unit dwellings. There are 26 miles of gravel roads maintained by our staff. A gatehouse and security staff assures twenty four hour, seven day a week, controlled access.

Though we may have one or two of what I would consider to be long term rentals, our typical rental is a three day weekend to maybe two weeks at the most. This is due to being in an area that provides a four season mix of outdoor activities. Owners who do rent do so, for the most part, via one of several real estate agencies in the area with a few doing so by themselves.

We recently had an incident where, at the time, the on-duty guard was on the phone with an owner, writing down names of inbound visitors for the owner when a renter pulled up to the gate. The renter handed the guard his paperwork and then proceeded to berate the guard, because he was not processing the renter as quickly as the renter desired. The guard was doing his best to try to accommodate both parties. The following is what the guard reported to the chair of our Security Committee.

“…. When I handed the renter his hang tag, he told me that he needed two tags. I told him I had to give the tag to the other car. That's when he told me to do my xxxxxxx job and get off the phone. He then called me a fat xxx of a xxxxx and a xxxxxxxxxxxx. He said xxxx you as he started to drive away. I told him to have a nice day. I do not think we need to put up with this.“

This, unfortunately, is not an uncommon occurrence at the gate, but is an extreme example which has upset quite a few folks.

The question I want to throw out is this: Is it possible that such a renter be blacklisted, that the various rental agencies be notified of such and he be prevented from any future rentals in our HOA. Pros/cons, thoughts? The only thing our covenants have to say about renters is that the same rights an owner has passes on to the renter when it comes to the use of the available amenities we offer.

If you tried, I think you would be asking for legal action.
If you really wanted to go that route, I'd suggest consulting with your Association Attorney.

Typically, the owner is responsible for the conduct of their guests.
Your course of action for this behavior (if it violates a covenant or rule) should be against the owner.

Larry

The banning of a guest for being rude is not up to the rent a cop at the gate.

Lets look at this from another perspective. There are two sides to every story. If the recurring problems are with the same security guard, you may want to look at his history. You state:

The renter handed the guard his paperwork and then proceeded to berate the guard, because he was not processing the renter as quickly as the renter desired. The guard was doing his best to try to accommodate both parties.

Normally a transaction as described above, would not escalate to what you described, so, there must be other factors involved that are not being communicated to you. The guard may be less than candid to protect himself.

What was the on-duty guard's priority? Was it the owner on the phone? Or, the renter who had just driven up to the guard gate? Did the guard say to the renter, I'll be with you in just a minute? Or, did he act in a passive aggressive manner and purposely take his time? Let me say, my favorite past time is walking my dogs for the last 15 years, while living in two gated communities, (one was a beach home), and have witnessed what actually happened at a guard gate, numerous times now, (I'm friends with the guards). Then heard the guards version, as stated to another guard. Let me assure you, after seeing this from a witness view point, the guard in my case, communicated a completely different set of events then what I witnessed, the guard, was in fact, completely out of line. There are many ways to appease an owner on the phone, and another person at the gate/desk. A little courtesy goes a long way, and defuses any situation to avoid this kind of escalation. If I were you, I wouldn't automatically believe the on-duty guard, especially if he has a history of discord with "RENTERS"......I'm reading between the lines here, the RENTER should get the same consideration as any owner. Just my opinion.