Pool Card Access - Deactivation

Prior to any enforcement action or denial of amenities, there should be a written procedure that is followed.

Our process for violations is:

1) informal warning (written or verbal)
2) Formal notice (written)
3) Hearing by Committee
4) appeal to the Board

Our process for unpaid assessments are:

1) 30 day notice
2) 60 day notice
3) 90 day notice sent via certified mail
4) 120 day notice along with notice of hearing before the Board
5) Issue turned over to attorney for escalated collections

It's only after the hearings that any denial of privileges are done.

Our CC&Rs, as required in CA, give our board the right to withdraw privileges. We recently called to hearing to withdraw privileges for an owner who had refused to pay a $1,200 fine for damages he did. He immediately requested a payment plan. So withdrawing these can be very effective. In fact here, the major motivator for keeping privileges is underground Visitor Parking in our downtown setting. Entry is monitored by a gated entrance with a kiosk officer.

To fine or withhold privileges, we must call the owners to a hearing and follow the proper procedures & time limits that're outlined in our Rules & Regs & in CA Civil Code.

Are you saying, Alex, that your HOA has NO written rules about hearings and fines and withholding privileges for any thing?? Or that OK has none???

And don't you have written rules prohibiting glass containers in your pool area like we do?? Here, it only has taken a security officer to direct residents to remove glass from the pool area. But if the violations recurred, we'd call the owners to hearing & fine them. We only would remove privileges if the resident refused to comply repeatedly, which never has happened here.

If you have no security, I assume a director would need to be the one to act. If directors don't want that role, I guess a pic of the violators with info on where they live would do the trick. The key card itself should identify their resident.

Generally, owners lose the rights to use their common area amenities when they no longer reside on the premises and those rights belong to their tenants. This loss of use of amenities for absentee owners is in ours & every HOA I've heard of governing docs.

We have such a policy with our pool. And the pool is for residents in good standing, meaning current with dues. If they fall behind, their pool card is turned off. There is a 15 day grace period from when assessments are due to when they are considered late. And once payment is make to make the account current, the pool access is re-activated.