Enforcement of NO use of Ammenities.

Started by NicoleO1 • 5 replies • 1822 views

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NicoleO1 (California)
Posts: 181

Posted:

How do other HOA's enforce the no use of ammenities to any units in arrear in dues?

Our documents allow 3months or great arrear to decline use of ammeniities, clubhouse. pool, gym etc.
However, telling someone they can't use the ammentieis and enforcing are two different things.
If they do say use the gym what is the ramification? Is it outlined with the initial letter they receive?
Looking for ideas on how to improve our documents..
thank you .

SheliaH (Indiana)
Posts: 6,964

Posted:

Your documents could simply state that if an account is delinquent after 90 days, the homeowner's rights to use these amenities will be suspended immediately and remain until the account is brought current. You may also want to extend the suspension to people who rent the homeowner's house and members of their household. Our polices state homeowners and/or members of their household or tenants can't access the amenities though another homeowner who is current.

Enforcing is a more practical matter and you may not need much more than a board resolution spelling out what will happen and then notifying the homeowners along with setting an effective date or saying this is effective immediately. For example, I would think one would need a pass to use the pool or gym, so if you had one of those key code or fob systems, all you have to do is disable it. If there's a monitor and he/she finds someone is trespassing, that person should be asked to leave immediately or security will be called. For the clubhouse, you probably require a rental form and deposit - have your property manager or whoever's in charge check the person's name against the delinquency list.

We send out our collection policy every year and list the ramifications for not paying dues, so we don't have to remind them in a letter (if they choose to ignore it, they find out soon enough that they don't have access).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

DaveD3 (Michigan)
Posts: 796

Posted:

Subject to your state laws, I would think you could simply notify the member-in-poor-standing that their use of the amenities is suspended. That if they continue to use the amenities, the police will be called and trespassing charges will be filed.

Alternately, I would think it would look similar to a court order that would be used to get someone to obey the rules/regulations. If you go to court to force someone to mow their lawn, for instance, it seems reasonable to go to court for a similar order to prevent them from using the amenities. Simply a court-ordered enforcement of the rules/regs. Then if they disobey the court order, they need to answer to the judge.

A few different ways to slice it. A call to your attorney is probably the best option.

KerryL1 (California)
Posts: 14,550

Posted:

Check with davis-stirling.com, Nicole. I think it states that first your board must send a US mail call to hearing, with xx days notice, to the owner who's in violation. Then the Board decides whether to suspend privileges. The decision must be in writing.

If you don't have fob access to your recreational amenities, it's going to be difficult keeping her out. (We deactivate fobs.)

Otherwise, as others have suggested, if you have no security staff to ask her to leave, I guess you'll have to resort to the police. But these enforcement techniques generally aren't listed in the governing docs ( don't think)

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By KerryL1 on 08/21/2014 5:15 PM

Otherwise, as others have suggested, if you have no security staff to ask her to leave, I guess you'll have to resort to the police.

In a condo, each unit owner also has an undivided property interest in all the common areas. The association owns no property, so the association (a non-owner) would have no standing to file a trespass charge against a person who is part-owner of the property. This is purely a civil matter and calling the police would be a waste of everyone's time.

The one exception to the above would be if the association obtains an order in a civil court to prohibit the delinquent owner from using the amenities, in which case the charge would be violating a court order, not trespassing.

But truthfully, if you tell the delinquent owner to keep out you are spitting into the wind to try to enforce it.

KerryL1 (California)
Posts: 14,550

Posted:

I'm afraid Larry is right. Plus it sounds as if this particular owner has no funds to pay your HOA, so doubling her fine or late fee or whatever probably won't b effective.

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