Can an HOA keep someone off the property if a homeowner wants them there?

We have a bit of a domestic situation on our property, where a homeowner has called the police more than once on one of her visitors. On one occasion, an incident ensued and he was arrested for drug possession, and the entire building was pretty "locked down" for about an hour or so with a huge police and fire presence. In further discussions with the homeowner she verbally agreed he would not be allowed back on the property, and that we should call the police for trespassing if he did. Sure enough, he's back, but WITH her permission to be in her property (which he has to cross common area to get to). Does the HOA have any rights about keeping him off the property if she wants him there? This is in California, BTW.

Would appreciate any thoughts on this subject before we contact our lawyers.

Thanks, I think petitioning for an injunction is what I'm asking about...

This would be a hard sell in court as you would essentially be asking the court to prohibit a resident from inviting a certain person into her home. Still, the fact that he was previously arrested for drug possession on the premises and the fact that your building was "lock-down" as a direct consequence of this guy's presence may be enough to sway the judge. You might have better luck if you personally were the petitioner, rather than the association.

BTW, it is unlikely that you association owns the common areas. Typically, each owner in a condo has a deed to his own space plus a deed to an undivided fractional share of the common areas. The undivided part means each owner owns a certain percentage of the common areas but does not own any particular part of the common areas. In the present matter, the guest accesses the resident's home by traveling across property in which she is a part owner.

It sounds like you have a situation that might be defined as domestic abuse. The homeowner wants the person there, but at times does not. The involvement of drugs makes things even more complicated.

Even officers have problems dealing with these kinds of situations (domestic abuse) and they can quickly turn ugly. Keep everything business-like.

Lock-down is a hassle but there is nothing you can do to bar a person from entering the HOA at the invitation of another HOA member. You and the board can educate yourselves and be vigilante against this person but I would be wary of trusting the homeowner.

I agree. Not the HOA's business. Stay out of it.