Losing membership priviiges

Started by SusanW11 • 8 replies • 1775 views

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SusanW11 (Arizona)
Posts: 1

Posted:

I was driving in the clubhouse to use the fitness center which my clubhouse provides. The president of the board was there and I drove by him without letting him walk by (which was my fault). He said if I don't slow down he would have my privileges (Use of the Fitness Center and Pool. taken away. Can he do this legally?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Depends on the wording in your governing documents and applicable State statutes. Also, it depends on what authority the Board has given the President.

Your answer will likely be within your governing documents. Look for rules of the common area, enforcement procedures and potential penalties for violations.

KerryL1 (California)
Posts: 14,550

Posted:

Welcome to the forum. I don't quite get what you mean by you "drove by him without letting him walk by." Anyway, you say you were wrong.

In many HOAs, the governing documents, maybe your CCRs or your Rules & Regs or your Bylaws will say that the Board of Directors has the right to suspend privileges when homeowners repeatedly break the same rule or are delinquent on their dues. But, if AZ is like CA you'd have to get a written notice an be called to hearing in front of the whole Board to plead your case. Generally this doesn't happen when just one rule is broken one time.

There's a whole legal procedure your board would have to follow. Start out by reading your governing documents. if you're lucky, Larry or Fred from AZ will reply.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By KerryL1 on 03/19/2015 7:05 PM

if you're lucky, Larry or Fred from AZ will reply.

I am having so much trouble understanding the situation that I cannot be of help without some clarification

"I was driving in the clubhouse," for example. Just how big is this clubhouse?

"The president of the board was there." Where, exactly, is "there?" There inside the clubhouse while you were driving in it or there somewhere else?

"I drove by him without letting him walk by" is so confusing that I do not even know where to start asking questions.

"He said if I don't slow down he would have my privileges taken away." Slow what down?

I wish I could help but I am thoroughly confused as to what happened to cause the president to threaten to suspend a person's privileges.

KerryL1 (California)
Posts: 14,550

Posted:

Well, Larry, she did admit she was wrong. I'm certain, for instance, that no one is allowed to drive in the clubhouse : )

But still, what's the procedure in AZ HOAs for withholding privileges (if the Gv. docs permit that in the first place--or doesn't that matter).

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By KerryL1 on 03/20/2015 8:44 AM

But still, what's the procedure in AZ HOAs for withholding privileges (if the Gv. docs permit that in the first place--or doesn't that matter).

I do not believe that the issue, per se, is addressed in the statutes.

ARS 33-1803 does address the issue of monetary penalties:
"B. After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association. Notwithstanding any provision in the community documents, the board of directors shall not impose a charge for a late payment of a penalty that exceeds the greater of fifteen dollars or ten per cent of the amount of the unpaid penalty. A payment is deemed late if it is unpaid fifteen or more days after its due date, unless the declaration, bylaws or rules of the association provide for a longer period. Any monies paid by a member for an unpaid penalty shall be applied first to the principal amount unpaid and then to the interest accrued. Notice pursuant to this subsection shall include information pertaining to the manner in which the penalty shall be enforced."

This applies to HOA's but not to condo's, which have separate statutes. In a cursory check of those statutes I failed to find a similar provision regarding penalties for rule violations; the only penalties discussed were for those regarding condition of the owner's property.

KerryL1 (California)
Posts: 14,550

Posted:

Interesting, Larry. Then Susan will need to review her governing documents.

JohnB26 (South Carolina)
Posts: 1,001

Posted:

B. After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association......

Since the OP admitted guilt I don't think any 'privileges' would be suspended.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I'm going to put a different spin on this.

Now there could be many reasons why the Director acted the way they did.
Perhaps they notice Susan going too fast often when driving.
Perhaps everyone driving too fast is always an issue and Susan is the one who was noticed.
Perhaps the Director had to take time once again to do a thankless job and was having a bad day
OR Perhaps the Director is getting a little power hungry.

Any one Director who threatens to suspend privileges to a member because they failed to stop and let that Director cross the parking lot in front of them should be considered for removal from Office and the Board.

Of course to do this, Susan will need to gather support and either not reelect that individual or recall them. Susan will also need to find others, perhaps her, who will do the job in place of that individual.

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