Hoa restricting guest

Started by BradS • 7 replies • 1609 views

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BradS (South Carolina)
Posts: 4

Posted:

Our Neighborhood CCR states
"Every Owner, and the members of such Owner's family who reside with such Owner or are overnight guests of such Owner, shall have the right to use the recreational areas , if any, within the Common Property, subject however to such Owner paying when due the dues and assessments of the Association and abiding by all rules and regulations of the Association, including without limitation those governing the use of the recreational areas and the Common Property; provided that the Association, acting through its Board, shall have the right to suspend both the voting rights (as hereinafter provided for) and the right to use and enjoy the Common Property during any period for which any assessment remains unpaid. The rights and easements hereby granted Owners may be delegated by an Owner to his or her tenants and contract purchasers who reside upon the Dwelling Unit upon such Owner's Lot."

In your opinion does the wording in the CCR give the board to restrict the number over over night guest allowed to use the rec center in the homeowner is in good standing. The rec center rules state that only 4 guest are allowed with the homeowner. So if i wanted to have a sleep-over with 7 people and we wanted to use the rec center would i be in violation? Thanks

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By BradS on 02/07/2013 6:50 PM

In your opinion does the wording in the CCR give the board to restrict the number over over night guest allowed to use the rec center in the homeowner is in good standing.

Brad,

The section of the CC&Rs you cited simply specify that a member, members family, guests or tenants and their guests are allowed to use the amenities providing the member is in good standing (i.e. current in paying their assessments).

That section is silent on the number of guests or family members that may use such amenities at one time. Therefore it doesn't authorize or prohibit the Board from adopting additional rules/regulations for the said amenities.

Quote:

Posted By BradS on 02/07/2013 6:50 PM

The rec center rules state that only 4 guest are allowed with the homeowner.

This rule you cited does specify only 4 guests per member. This may be because of occupancy limits, fire code or the concern that all residents won't be able to bring their guests due to potential overcrowding of the facility. Hence, the limit on the number of guests.

Quote:

Posted By BradS on 02/07/2013 6:50 PM

So if i wanted to have a sleep-over with 7 people and we wanted to use the rec center would i be in violation? Thanks

Based on what you provided, yes.

Now some options to check into prior to the party:

1) ask for a waiver from the board (may or may not be granted)
2) talk to your neighbors and see if they will go with you to sponsor the other guests
3) If the guests are residents/members of the Association then they wouldn't count toward your four guests
4) See about renting out the facility for a private party

NOTE: If your asking for advice because you already had the sleep over and are being fined, the only option that may be applicable is if any of the guests were actual members, family members or tenants of the Association.

Hope this helps,

Tim

BradS (South Carolina)
Posts: 4

Posted:

Than you for your reply. I believe the rule actually contradicts the ccr and the ccr should over ride that rule. The ccr only states that I follow the rules the board sets and I am good standing. Well one of the rules contradicts what the ccr says so therefor they cannont enforce that rule. I am dealing with 2 members on the board who are not reasonable. The rec center is hardly ever used and these people have nothing better to do. They will not let me in there if I simplie ask

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By BradS on 02/08/2013 3:26 AM

I believe the rule actually contradicts the ccr and the ccr should over ride that rule.

I know that you truly believe that.
Personally, I disagree with that interpretation. However, I will also concede that there are others who would agree with your interpretation and others that will agree with my interpretation and others that my have an interpretation different from either of ours.

This not only happens on this site but in real life and certainly within Associations.

When there are two different opinions then the parties need to agree to disagree, work out a compromise or take the issue to a third party for a ruling (i.e. the courts).

Quote:

Posted By BradS on 02/08/2013 3:26 AM

The rec center is hardly ever used and these people have nothing better to do. They will not let me in there if I simplie ask

Let me first of all say, if I were on your board, I would have no issue with you having an extra guest or two for a children's party.

Lets face it, you don't want to ruin your child's party by forcing a showdown of this issue in front of the kids. Since you believe that your Board would deny a request, I would encourage you to:

1) talk to a neighbor (or two) who will go with you to the rec center and sign in the 3 other children as their guests.
2) find something other than the rec center for entertainment

Hope this helps,

Tim

JohnB26 (South Carolina)
Posts: 1,569

Posted:

...including without limitation those governing the use of the recreational areas and the Common Property...

while poorly worded, the BOD is following the 'letter of the law' and acting within their power

do your CCRs or by-laws have occupancy per bedroom limits? mine is 2 max/br

does your local code have occupancy limits per sqare foot or bedroom?

would YOU want a 2 bedroom home bringing 37 guests to the pool? 2 guests? ~ we agree on the principle, so pick a # ~ your BOD picked 4

CAVEAT EMPTOR

BradS (South Carolina)
Posts: 4

Posted:

I do not believe there is any restrictions on how many people can live in our home in your ccr. My house is 5 bedrooms so I would be in range of that rule if there was one.

So say I have 10 kids the board could have a rule stating that only four household members are allowed to use the rec center at one time? Because between the ccr there is no distinction between overnight guest and the homeowner. Another thing they have a pool rule that stats I am allowed only 2 guest per SUMMER and does not define overnight guest or guest. Do you think this is in their power, I have a lawyer friend looking this over and ill let you know what he thinks as well. Thanks for everyone's replies I am just trying to get as many opionions as I can

BradS (South Carolina)
Posts: 4

Posted:

I just spoke with a lawyer friend of mine and he agreed with me. The board does not have he right to restrict overnight guest to the common areas per the ccr. They cannot make rules that over ride the ccr and in his opionion the rule does try to do that. Unless the ccr stated the number of over night guest their rule has no Merritt.

But either way the rule is ridiculous and not using common sense and I would hate to drag this out to court

JohnB26 (South Carolina)
Posts: 1,569

Posted:

then have your attorney write a letter to your BOD

once they see you are actually serious !!!!!?

if the terms of the contract (the CCRs) are being violated and you have tried to settle the issue amicably .................

let the games begin

CAVEAT EMPTOR

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