Next sub-division residents accessing our amenities and we do not offer to join our community

All,

We have an issue that it is becoming a real concern.

1. Somehow, our next door small sub-division of 9 houses, have their hand to our tennis and pool gates.
2. According with a realtor selling one of the properties, they have a contract (piece of paper) that our sub-division appears to have signed with them. However, our sub-division never did or is currently offering other sub-residents, or any non-residents or our sub-division the opportunity to join us and use of our amenities (paying or not).
3. Some of those people are coming to our pool, with the key they have, and are spending long hours to the point that our residents are starting to thing that the board of directors allowed for such access.

We are planning to change the gates' locks, but this takes time. In addition to continue monitor and try to catch them during one of their visits; has anyone else experienced this and what you have done?

Two members of the board delivered noticed to their mailboxes stating that they are not allowed and we never did or currently selling memberships.

Thanks

Gabriel,

You should be concerned about outsiders using your pool. It is a members-only non-public pool and continued use by non-members may subject your association to unforeseen liabilities.

That being said, however, I see a lot more rumor and speculation than fact. For example, you wrote your association would "try to catch them during one of their visits." This implies that the neighbors' use of the pool has not been confirmed.

Likewise, the story about the person selling his home with a contract to use the pool also sounds like a rumor. Since this story originates with a realtor selling one of the homes the source of this should be easy to track down. The listing agent's name and phone number should be prominently displayed on the for sale sign. It sounds like no one has bothered to verify this story, which should be step one before going off the deep end, no pun intended.

Before taking corrective action you first should verify that there really is a problem.

If they are "spending long hours" at your pool then why is it so difficult to "catch them"?

Change the locks, ask them to leave if you see them at the pool, and if they don't leave call the police. Ignore the bluster about a contract or piece of paper. That's just balderdash.

If rights were somehow granted, I seriously doubt that they were perpetual, especially if there was no mechanism put in place to share the cost of maintenance and replacement.

Gab

The 1st thing to do is ask for a copy of the agreement for the realtor. If they do no have one then contact the BOD of the other association and ask for such.

There may have been an annual fee that, over time, the Association forgot about obtaining.

Hence, the need to start reading past minutes and dig into Association records.

Cheap and dirty way to see? Change the locks, give them to legal members. Wait to see what happens when the other subdivision starts asking about access. Maybe they will come up with paperwork, maybe not.