Now My HOA stepped in "IT"

I have decided to run for a BOD position in my HOA. The current board just keeps stepping in it. I have combed though the CC&R's and The R&R's and can not find any language that establishes hours of operation nor what seasons the pool and spa are to be available. I have lived here since the final phase of declarant control and the pool and spa have been open 365 days a year though the amenity is only open from 6am to 10pm or 11pm on Fri & Sat.

We have been having problems as of late with homeless and vagrants that prowl our gated community. We have one homeowner in particular that is for political correctness sake is a protected class citizen. He is constantly inviting the surrounding homeless people into the community, letting them shower at the pool. He leaves the gate to the pool ajar so anyone can get into the pool. I have witnessed him loitering with homeless people outside the entrance on common element property, and homeless people leaving their belongings behind the landscape boulders and such. I have witnessed them drinking alcohol and they leave beer bottles and litter strewn about.

Now the BOD abruptly has closed the pool and spa and to open it at a yet to be determined date. There is as I mentioned no stated hours or times the pool and spa is available.

I would really appreciate some suggestions at what approach I can take to get the pool back open to us owners.

I feel that the board has failed the community by not addressing the 1 owner that causes this mess, I have empathy for this persons situation, but 300 plus other families should not suffer because 1 individual has a mental illness.

Our BOD just hired a landscaping company and raised our assessment 14% per NRS. The Board thinks we are in a million dollar guard gated golf community and hired one of the most expensive landscapers.

As for the problem owner, they are as I said a "protected class citizen" The Board fears that any action taken against this individual would put the Board and the HOA neck deep in kimchi.

Can't you add a rule that the gate cannot be propped open, and anyone in violation will lose their pool privileges for a set amount of time? Re the gate entry, if it's the same key everyone uses, you might consider swapping the lock for a mag card (like hotels use) that is coded separately for each owner, so this person's pool privileges could be revoked when needed?
Also add a rule stating that if a homeowner's guest is caught littering or drinking on the common area, and since that owner should be responsible for his or her guests, that owner will lose his pool privileges for a set amount of time.
Add a rule that homeowners must accompany their guests at all times in the pool area.

read between the lines.. And I agree with the rest of the peanut gallery. The current board is wimping out, they need to put on their big boy pants and grow a spine.

Myself and another OP are going up against 2 other incumbents, I have had a few people reach out already in support.

Let,

Read between what lines?

Not gonna let it pass ... what is a protected class citizen? Old person, black person, disabled person, female ... c’mon, spit it out,

This OP invites homeless and vagrants to use the shower at the pool, they also leave the pool gate ajar so anyone can access it. The main gates to the community, Car and pedestrian are code access, another thing that the BOD won't remove. So in essential this OP is bringing a hazardous situation into the community. This OP has homeless and vagrants that leave liquor and beer bottles and garbage at the community entrance outside the gate, but till on common property.

So may I ask how your going to address the issue? What steps are you going to take? Mind you if you are elected to the board, some of the existing board members will remain. So how are you going to do things different in a GROUP decision type forum?

What exact laws are being broken here? Are they HOA's? Society's? Can cops be called and enforce the law? What actions can be taken to prevent and stop this violation? Have you thought out that far?

Our pool hours are based on our NOISE/Work restriction rules. Which was no contractor before 7 AM or after 10 PM. So the pool hours were about 10 AM to 10 PM. The 10 AM opening was to compensate for giving the Pool Care people enough time to do their job. Which they may need to shock the pool. That takes a few hours before safe to enter the water. Plus the water was a bit chilly early in the morning.

On days our lawncare came to do their job, I would open the gate for them to use the bathroom facilities. Just took the chain off the gate. They had to come off pool season like in April or stay till November. So they needed access to the pool even though the pool was closed. It was just one day a week.

I point these things out as it's NOT a simple issue. One of things you are upset about are the pool hours. Well did you consider the noise restrictions or the time for workers to clean the pool? What laws are being broken and who is responsible for enforcing? Is it a police matter? If it's the HOA's are you going to talk to the homeless person and toss them out? You going to fine the person who is leaving gates open? Can your HOA even fine for this?

There is a lot more to this than being upset about the "Other" class of people... Maybe the rules are being followed and there are no rules/restrictions for it.

Not only is the homeowner abusing the rules, he's also putting the whole association at risk if someone gets hurt on your property and sues. Or one of the strangers hurts a resident and that resident sues because the board failed to take steps to correct the situation. If the board isn't willing to deal with rule infractions, then perhaps the prospect of a million-dollar-plus settlement will get their attention. At least in my state, courts tend to find that trespassers are personally liable for whatever happens to them, but since it appears that a homeowner is inviting strangers onto the property, this is a different situation. You're lucky no one has thought of this already and staged an "accident".

Yes, it's tough, and contrary to what many believe, boards generally don't enjoy being the bad guys. However, it's their job. In my community, when we deal with a situation where Fair Housing or ADA rules can come into play, we make sure that we're scrupulous about following the laws and that every step we take is well documented and justified. Here's what we do:

* The first order of business is to get photo or video evidence of what is going on - we assume we may end up in court and this evidence will support our claims.

* We also talk to our attorney immediately: he will make sure that we're doing everything by the book and will be better prepared to deal with whatever happens.

* We'd look at hiring security because of the liability issues and look at better securing the property in general.

* We'd get the rest of the community on board, showing them why it's in their interest to tackle the issue. Nosy neighbors can be very helpful in getting evidence for you. ** However, make sure that you tell everyone NOT to approach the strangers or get into confrontations - their safety comes first. **

Good luck and get ready for a long battle...

Your assumptions are incorrect Melissa. it is not the the hours of operation or noise that I take issue with, it is the abrupt total closure of the pool until a yet to be determined time. As for opening the pool for landscapers, there are 6 lockboxes hanging off the gate for various vendors. I personally think that looks unsightly.

Most municipalities have laws against gates to pools propped open. Give the Board a written request to post a sign that cites the code with a rule that imposes a fine or takes away access or both for those who prop the gate open. Give the board a draft rule against propping the gate open. This actually is a serious safety issue.

Write a rule against littering in the common areas and have the board approve it so that violators pay a fine or for an extra trash pick-up.

Like most states, I believe NV lets owners examine executed contracts, which includes the one with the mgmt. company. Why what till you're elected??

Unless some governing document says you must keep the pool open, the board may choose to lock it. Is it locked to see money hating it in the wind? Or because of the vagrants?

Have you, LetA, taken any of your concerns to the board in writing?? Or as agenda items?

Try to stick to one subject per post--the landscaping stuff, etc., distracts form your main topic here.

Whether the man is in a protected class or not is irrelevant to what he's doing - letting unauthorized people use areas that are intended for the homeowners, so stay on topic.

(Frankly, I find that comment offensive - it stinks of prejudice and all that stuff that's already making people crazy with the screaming and shouting, so stop it. You do remember we're about to celebrate Christmas - peace on earth and goodwill towards all people, don't you? If not, go to church tonight or tomorrow so you can remember)

Now then....it may be the board is taking action by closing the pool and spa because of this homeowner. It's a drag, but for now, it may be necessary to establish who did what. If there's proof this homeowner is responsible, the board should be having a serious conversation with him - and I would bill him for any damages and clean up the "guests" were responsible for.

If your current rules don't address the hours, it may be something needs to be established because unauthorized access wasn't a problem until now. People forget that the CCRs, Bylaws, and rules aren't always set in stone - as communities change, you may find the documents need to be amended, or established or even dropped because they may no longer be necessary. I've attended CAI seminars where it's been suggested that every 7-10 years or so, the board should sit down with the association attorney to review the rules to see if something needs to change because of changes on local or state law, or because there are new issues that aren't addressed. You may not see a lot of movement on this issue until after New Years (board members need time off too), but if you get to mid-January without any action, start demanding answers and get your neighbors involved.

You say you're running for the board, so pool security could be a platform, along with reviewing the documents to see what works and what doesn't. Make your suggestions and emphasize this incident is one reason why a periodic review is necessary. You should also encourage people to hold each other responsible for the community - that's not just the board's responsibility. The common areas may be owned and supported by all homeowners, but that doesn't mean anyone can use them however they like for whatever reason. Concentrate on the BEHAVIOR and see what happens. Good luck and Merry Christmas.

Agree with Augie: "surveillance camera film footage at the pool was key to nailing the perps there and was used often. The Board will have to find a volunteer (or pay the manager) willing to review footage, at least when a person reports a problem and the approximate time it happened."

The skivvies" argue doesn't make sense.

Good catch by Kerry. Where this law exists, I gather it is to keep out wandering children from using the pool without adult supervision. I concur it is a huge safety issue, holding the HOA out to major liability if some kiddo gets hurt or, gosh forbid, drowns, especially if the HOA has known about the problem for awhile. Put up the sign Kerry suggests, and come down hard with fines on violators, explaining why the rule and law exist.

Have you LetA, sent a request in writing to your Board and mgmt. co. to enforce whatever YOU say is posted? If so, what was their reply??

Missed this LetA. We're a condo too and all owners must provide our Prop. mgr. with the names, emails, phone #s & unit number of their tenants. They also must supply info about their cars: license, make model, color, if they park in our common are garage. Most of this is in cases of emergency, but, of course, we do want to know who's in our garages and elevators and other common areas.

I don't know if the law permits us having this info, but we no one's turned us down.

Do not think it's a "Right" to have this information on renters provided. It's more of a "courtesy". The HOA is still a 3rd party to the lease agreement for the most part. I agree that it should be put into the rules if the HOA wants copies of leases etc... The HOA can't force the rules on a renter nor evict. Although it can be strongly requested to the owner actions be taken.

Found that the best thing to do when dealing with lease agreements is to request owners put in the caveat renters obey HOA rules. That additions/caveat protects everyone. The owner can evict tenant for HOA violations. Otherwise, it's tenants rights and limits owners what they can do against tenants the break HOA conditions.

That is what we are saying. Check your documentation to see if that is in there. IF not, then it's most likely not required. Plus it doesn't mean it's a "law" to be there either. It's just a HOA rule.

This is very true. We had a situation with a lessee (renter) last January and the new president sought to find a way to have the tenant evicted. Our governing documents provide no such authority to the HOA or its board. The president, without the knowledge or consent of the rest of the board, paid the HOA attorney upwards of $3,000 for him to look into ways to have the tenant evicted. The attorney eventually told her it couldn't be done because our CC&Rs were silent on the subject of leasing and even if there was authorization in the CC&Rs to do so, the board failed to put the homeowner (landlord) on notice of his tenants' violations.

I came across the CC&Rs for another HOA in my county that are comprehensive with regard to leasing. Their CC&Rs have been amended and restated twice in the last 20 years, most recently 3 years ago. I attached a 4-page exerpt of those CC&Rs that discuss leasing. There are lease requirementsthat include copious amounts of information regarding proposed tenants and other occupants. When we beef up our own leasing restrictions we will do so through an amendment to our CC&Rs.

The attachment is not from my own HOA's governing documents. It's from a single-family, single story residential subdivision of 250 homes governed by an FS 720 HOA. It goes to exactly what Richard was saying, that 'restated CCRs will have more stringent requirements' regarding leases.