HOA Banning my family without facts or allowing a hearing

Everyone knows my advice/statement: Suing your HOA is suing yourself and your neighbors. That is indeed a consequence and a fact. However, there are times where this is an option as long as you understand and accept those consequences. So NO I am NOT against lawsuits in your HOA as long as it makes sense.

Your case, I have to say it makes sense. Not exactly need to jump into a lawsuit but be prepared for one. I would have a lawyer draft a letter on your behalf explaining a few things. The number one thing being that your HOA has to have a fining schedule in place. A HOA can indeed fine or restrict. It just has to be in context and DEFINED. They have to define that noise after 10 pm results in this action/fine. If that does not exist, your HOA can not enforce.

Read your documents and see the power your HOA does have. It may state has the ability to fine. However, you also need something with a list of violations and their defined punishment. It's not exactly "selective enforcement" going on here. It's just not having a defined punishment system.

Also be aware of what you wish for here... Forcing your HOA into fining schedule can have unwanted long term effects in the future for all. So tread lightly and look forward...

Chris - to find out if you have a legal leg to stand on you will need to consult an attorney.

The issue will become - how can you prove it wasn't your son and/or how can the association prove it was?

Parents vouching for children is not a strong alibi.
However, unless there is videotape, it can be just as difficult for the Association to prove.

Therefore, the thing you need to ask yourself is: Is this issue enough to fight on principal alone to bear the expense and consequences of a legal battle? If the answer is yes - then contact an attorney and have them write a letter to the Board on your behalf.

If the answer is no, but you still want to make a point, gather support to amend the governing documents to require due process to suspend privileges.

Thanks so much everyone for the responses. For FYI, the HOA just put out this letter last week prior to the event and as I can see there is open wording so they can pretty much do whatever they want and ban whoever they want on whim. There is no clause nor anything in letter allowing for "due process". Unless I read this wrong, they just have the power to do what ever they want? Also the paragraphs "Escort" and "Access to Community Property and Facilities" seems to contradict each other.

Here is the letter:
The following policy concerning the invited guests of Anchors Landing Property Owners/Members of the
Homeowners Association (HOA) regarding access to and use of Anchors Landing Community Facilities was adopted by the Board of Directors of the Anchors
Landing Homeowners Association in accordance with the Covenants, Conditions and Restriction s(CC and R’s) of the Anchors Landing Subdivision, the Bylaws of the Anchors Landing HOA and 47F-3-102 of the North Carolina General Statutes.

The purpose of this policy is to supplement and clarify the Declaration of R estrictive Covenants of Anchors Landing in order to protect the integrity and condition of the common areas and to assure a safe, pleasant and harmonious living environment in which all owners may enjoy the facilities provided by and for the Anchors Landing Community to the maximum possible extent.

For purposes of clarity, the following definitions are adopted and used herein:
Member:
Is the Owner of Record of a property (i.e. “Lot”)within the Anchors Landing Subdivision as recorded by the Caldwell County Registrar of Deeds. This person or persons have standing as property owners and, by definition, as Members of the HOA.

Members’Household:
Persons directly related to the Member/Owner who reside, whether full of part time (but not “visitors”), in the Member/Owner’s residence in the Anchors Landing Subdivision, such as a spouse, children or grandchildren, or parent(s) of the Member/Owner or spouse.

Renter:
A person who resides in the Anchors Landing Subdivision as a result of having some sort of a long term remunerative agreement, such as a lease, by virtue of which said Renter is afforded access to the subdivision and to community facilities as if they were an owner of record.

Invited Guest:
A person or persons who have been afforded access to the Anchors Landing Subdivision at the express invitation of a Member, a bona fide member of his or her household, or a Renter, or bona fide member of the Renter’s household, in the stead of the owner of record.

Anchors Landing Community Property and Facilities:
ALL properties which are owned by the ALHOA and/or operated by the HOA for the enjoyment of the entire community. These include, but not necessarily limited to, the Club House, Swimming Pool, Community Dock, Club House Parking Lot, Boat/Trailer Storage Lot, all lakes and ponds and the non-privately owned areas surrounding all ponds and lakes, and all established walking trails.

The following rules and procedures are hereby adopted:

Access to Residences:
Invited Guests may have access to residences and associated private properties (i.e. “lots”) without hindrance. For example, even if Anchors Landing has denied a specific person access to Community Property for some cause or infraction, Anchors Landing cannot/will not deny such person the ability to visit a residence within the subdivision if specifically invited there by the Member or Renter; nor can Anchors Landing deny said person the use of roadways within the community to access said residence by automobile.

Access to Community Property and Facilities:
IF specifically invited by a Member/Owner of bona fide member of his or her household, said guest may enter and use said facility, and to enjoy said facility as if he or she was a Resident. However, the Member/Owner will assume responsibility for the actions and conduct of his or her invited guests while on Community Property or using Community Facilities. This includes reimbursement of ALHOA for the cost of repair for any damages attributable to his or her guest(s) while on Community property or facilities.

Escort:
Invited Guests must be accompanied by the Member/Owner or a member of his or her household while on Community property or using Community Facilities, and be prepared to vouch for the Guest’s status if asked by another Member/Owner. Exception: Guests who are runners or bikers and using the walking trails for exercise need not be accompanied. However, the Guest must be able to provide the name of the Member/Owner and/or address/Lot number if asked.

Responsibility:
As stated above Member/Owners will assume full responsibility for the conduct of their invited guests while on Anchors Landing Community Property or using Community Facilities. Renters assume the same responsibility for their invited guests as if they were Member/Owners, assuming that the terms of their rental or lease agreement includes access and use of such facilities. However, in the event of misconduct by an invited guest of a Renter, ALHOA’s first recourse to achieve resolution and restitution will be to the Member/Owner, who would then be expected to take the responsibility to resolve the matter with their Renter to the satisfaction of the ALHOA Board of Directors.

Remedies for Misconduct of Invited Guests:
In the event of misconduct by an Invited Guest of a Member/Owner or Renter, the ALHOA Board of Directors may undertake any or all of the following as the Board may deem appropriate to the infraction:
a.
Issuance of a letter debarring said Guest from Anchors Landing Community Property and/or Facilities for a specified period of time or permanently, as the Board may deem appropriate.
b.
Issuance of a letter revoking the Member/Owner or Renter’s privilege of inviting guests to enter onto and to use Anchors Landing Community Property and/or Facilities - either for a specified period of time, or permanently, as the Board may deem appropriate.
c.
In the case of gross misconduct or repeated infractions by invited guests and/or failure to properly escort and supervise their Invited Guests’ conduct, the Board may impose a fine upon a Member/Owner at a level the Board determines appropriate to address the particular matter of misconduct.
In case the misconduct involved the invited guest(s) of a renter, the recourse of the ALHOA Board remains with and to the Member/Owner.
d.
The ALHOA Board of Directors reserves the right to bill the Member/Owner for the cost of repair for any damages of or to ALHOA property or facilities attributable to his or her invited guest(s), or the invited guest(s) of the Member/Owner’s renter or leasee. This may include charges by a contractor to be engaged by ALHOA for removal of trash or other refuse if littering is part of the incident or misconduct

Again, no ban or fine schedule. No ability to defend oneself. This was decided by the 5 members and rolled out without any community input.

BTW - check the posting rules by clicking on the big smiley face at the top of the page.

You should not have posted the name of your Association.

Let's make this VERY clear... My advise of "Suing your HOA is suing yourself and your neighbors" is NOT a deterrent of filing lawsuit if you so choose. It is a CONSEQUENCE of doing so. It is up to you to decide to accept this consequence and pursue legal action. If that deters you from doing so, then that is a reason not to go through with a lawsuit. There other ways besides lawsuits in your HOA documents to resolve issues.

However, in the OP's case here, a strong letter from a lawyer is in order. Not talking lawsuit but a letter from an attorney expressing concern of their lack of following the rules and enforcing at will. The OP needs to read their documents to find where they can support their case of the HOA not having the power to enforce what they are doing or in the process.

You have the power to make changes in your HOA without going to court. It's just takes effort. The answer lays in numbers. Majority rules in a HOA. Enough votes recalls a board. Enough vote re-writes the documents. It is up to you to do the gathering of a majority to see your side of things or sue the majority with you view of things...

Hi Chris

It appears from the new policy letter you received that your HOA is concerned about your son's friends roaming the common grounds by themselves and causing damage. Your opening post stated that your son was at home when the 12-point events occurred. These two perspectives are not inconsistent with each other. Your son could have been home while his friends were out causing damage.

Also, I see no inconsistency in the "escort" and "access to CP&P" paragraphs. Under the new policy, your son's friends can use the common facilities only if they are accompanied by a member of your household.

As you stated, the new policy letter was issued before the 12-point events occurred - So it seems obvious that the HOA was already concerned about property damage of this nature.

The information that is missing from your posts is whether there have been a series of property damage events that the HOA is responsible for repairing. How much damage? Are you being asked to pay the repair costs?

While the HOA's prohibitions against use by you and your son appear harsh at first blush, it really depends on the scope and frequency of damage that the HOA has experienced. Sure, the HOA should have different levels of penalty established depending on severity of the damage. But I question whether any court would find fault with them if they are attempting to deal with what they believe is an imminent and repetitive threat of injury to property.

Clearly you can make the argument that the penalties are too severe or that your son's friends were not involved in the events causing damage. And I think that either of those arguments would be good conversations to have with the HOA. But you seem to be making a different argument - that your son wasn't involved. IMO, that's a losing argument - not because it isn't true - but because no one seems to be disputing that fact.

I believe that if you shared the scope of damage, you would get useful feedback from this forum.

Accompanied guests is one thing. I would say unaccompanied guests most certainly could be prohibited.