Swift enforcement of pool rules (and fines)?

Our Board is trying to change our fine policy so we can start fining residents and revoke amenity access for breaking pool rules. A bit of googling leads me to believe we can neither fine someone nor revoke their amenity privileges without providing the resident with a hearing, which must be announced 10 days in advance.

Our situation: We have a couple repeat offenders who bring glass into the pool area and/or smoke in the pool area. They've become belligerent with our security team, mainly because we haven't had any security in place for several years and people have become used to doing whatever they want to. For our enforcement to be effective, I believe residents need to be fined and their access needs to be revoked within only a couple days of them committing the violation after a verbal warning has been given by security.

Is there any way we can enforce our rules by having nearly immediate consequences? How are others handling pool rules?

(Note: We have an unusually large number of entitled residents/renters in our community. Whatever we implement needs to be tough with no loopholes or room for interpretation so we get this problem under control as soon as possible.)

Need to make a "Fining schedule" so everyone is aware of what they can be fined for and how much. Plus of course the obligated hearing process.

There still is the police option. We are not talking about the glass and smoking. We are talking if they are belligerent or cross a line. The police should be contacted.

We had a guy that exposed himself at the pool. The lady called the police. The police could not get the person because did not see the crime. However, we passed the word along about NOT being alone with this person to other residents who frequent the pool. So we had our own system of communication to protect each other or watch trouble makers.

Are you asking if it will make a difference if we can revoke access and fine the resident immediately versus 10 days later? Yes. That gives them 10 days to continue bringing glass into the pool area, risking us having to drain the pool when they break the glass. That's potentially two full weekends of them breaking rule after rule without having to face consequences.

Interesting ...

I’m assuming they can be evicted from the pool for braking the rules?

I’m assuming the local police would respond to this?

Set it to make a specific example of one of them ... coordinated approach with law enforcement.

I do not believe we can legally evict anyone from the pool area. It's not written in any documents. The only "threat" we have is what's on the pool signs which say you "may" be fined and have access revoked. They were written up less than a year ago.

From what I understand, police won't get involved unless it becomes criminal. Violating our rules isn't a criminal offense. Trespassing would be and we have issues with that too, but this is a different set of rules we're trying to enforce.

Have you met with local cops? “From what I understand” doesn’t seem to indicate you have pulled that thread.

Can the Board declare the pool a “Required Safety Area” noting rules that, if broken require immediate removal if the offender as a trespasser?

Get an attorney involved if you are serious about facing this.

If you don’t make progress, board vote to shut the pool down. Also vote to allow any board member to shut the pool down at any time - in response to infractions they see.

That's what I was told by other Board members. Meeting with police is in the works. COVID got in the way.

Good point about shutting down the pool, although we'd probably end up with a riot if we did that. Definitely something to keep in mind though.

It sounds like your research shows you are required to give them a hearing. If that is the requirement, I would not even think about trying to circumvent it somehow. Trying to take shortcuts gets HOAs in trouble.

Follow the law and your governing documents. There are no other options.

Do you have a health, safety and welfare clause in your CC&R'S and Rules & Regs? There should be some language in your governing documents that says members and guests must follow pool rules. Although not each type of violation is not specifically spelled out, here in Nevada we can summon to a hearing and fine for violations of the CC&R'S and Rules & Regs. Also here in Nevada we can trespass or "ban" people from amenities for violating the covenants. Since you stated the people get irate, that could be interpreted as a threat.

You're on a good path to make things right..

Our board finally dropped the hammer down on people that were blowing off illegal fireworks, and not just firecrackers and bottle rockets, the BIG stuff, near show quality. Our council said we can use the health and welfare clause and we fined at the maximum, $1000.00

It's one thing to say you can evict someone from the pool and another to have the bells to actually do it.

I think documentation is going to be important. The HOA can have its security staff write-up reports. But in my experience, a security camera system for the pool area would make all the difference and is worth its cost. The HOA can ask members to report the time and day they see smoking and use of glass or other behavior violating the covenants. Then the HOA manager can look up the video footage. Plus the presence of cameras all by themselves will deter.