Openly carrying alcohol on HOA sidewalk

Why is it so important to enforce is my question? Is it worth policing the members over? We ban glass bottles at the pool but not the ability to drink at the pool. So is this a safety thing? Is it just looks bad? It seems like a process that has been going on for a long time and don't think it's going to stop anytime soon. Until you have a behavioral issue, do not see the need or want to enforce.

I also recommend talking to your insurance agent to make sure the HOA is properly insured for any liability issues.

As with a lot of things in HOAs, it may be legally possible for the board to regulate something, but that doesn't mean that it will be easy or even possible to enforce the rules effectively.

Melissa hinted at this, but if I were on the board I would focus on particular problem behaviors and not on the alcohol itself, since other substances can also lead to intoxication. You'll be more likely to get buy in from those who are able to enjoy a drink without endangering themselves and others, and you're more likely to be able to get reasonable evidence to support taking action.

Other than banning glass bottles at the pool we just don't get involved. If some guy wants to walk down the road drinking a martini I simply don't care. If bad behavior was an issue with drunks or people were littering containers as they walked then obviously I would care. In your case I would ask the complainers to define the specific problem that needs to be solved and why they feel it's an HOA matter.

Can an open container law be enforced in your common areas? Probably not. I don't understand why anyone would think FS 720 would address the subject.

FS 720 states: "The entity or entities responsible for the operation of the common areas and recreational facilities may adopt reasonable rules and regulations pertaining to the use of such common areas and recreational facilities." If you feel prohibiting alcohol while using say, a condominium pool, is unreasonable, then I understand your position. I do not think it is unreasonable. I think such a prohibition happens pretty often at HOAs and has not been subject to challenge.

ADD ON

Of course the no alcohol in the pool area would be hard to enforce. Who is going to monitor it and how, by tasting everything in a Solo cup?

You need to check your governing documents but generally the board can make rules controlling common areas. I would not do it unless you feel the majority of homeowners support it. As I'm sure you know, often the most vocal complainers are a small minority.

My personal opinion is that the idea that drinking in public somehow harms society is a little outdated. Prohibiting alcohol at locations where people gather for long periods (such as a pools and parks) is different because it probably does prevent problems with drunkeness.

That being said, if FL makes it illegal to have an open container in public, it's not extreme to prohibit the same thing in your common areas.

LetA,

I don't think your statement is accurate. Can you provide more detail on why you believe and auto accident would not be investigated by police in your jurisdiction?

LetA

The police will and do enforce motor vehicle laws here along with all other laws except they do not enforce no parking on the street which is an HOA rule.

Florida, our county and our city have laws on the books making open containers of alcohol illegal. We aren’t looking to create a rule prohibiting this...heck a friend across the street from me walks over to visit with a beer in his hand is nothing I find illegal or offensive. Same as the owner going to fish on the pier and brings a cooler. None of our business! I will check with our insurance agent and will advise the management company if they get complaints to tell the owners we have no rule preventing it.

I appreciate the replies from all.

It is HOA common area and private roads. The police patrol in here daily as they do other streets in the city. Our gate is open from 6am to 6pm to accommodate vendors and deliveries which our owners agreed to and it works for us. Just because we are an HOA and have private roads does not negate the police from doing what they need to do in here. We also have a no trespass agreement with them so we can report trespassing on our common areas.

The property is privately owned. But users of the property are in the public.

Per an attorneys website which refers to TEXAS PENAL CODE §49.02:

Under Texas law, a person commits the misdemeanor crime of public intoxication, also known as a PI, if they appear in a public place while intoxicated to a degree that they may endanger themselves or another person. Public intoxication is considered a Class C misdemeanor and punishable by up to a fine of $500. However, for many people, a large fine is not the most serious consequence of a public intoxication case; it is the possibility of a permanent criminal record.

“Public Place” is defined as any place where members of the public have access is a public place under Texas law. This definition includes, but is not limited to, public streets, highways, parking lots, bars, and even gated apartment complexes. A person could even be charged with Public Intoxication while riding as a passenger in a car.

Per Philadelphia code 10-604

(2) (b). After looking into the law myself, it states that "No person shall consume alcoholic beverages or carry or possess an open container of alcoholic beverages in the public right-of-way, or on private property without the express permission of the landowner or tenant." Does sitting on my porch (not the steps, the porch) constitute "in public right-of-way?"