Drivers license requirement to use amenities

Started by JohnsonS • 6 replies • 412 views

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JohnsonS (Texas)
Posts: 1

Posted:

An existing community in Texas has decided to implement a new policy that to use the amenities you must provide a drivers license that has a matching address to the property in the community.

There are existing homeowners in the community that don’t have this DL. Multiple reasons why, but one of them is that the owners own 2nd homes in the community. The home is for their use only, it is not leased or rented out. But the owners live in other states and have drivers licenses in those states.

Can the HOA legally implement this drivers license requirement?

BillH10 (Texas)
Posts: 1,217

Posted:

Yes it can. Without seeing the specific language in your documents, your Board most likely has the authority to establish rules and policies for the association.

We live in a master HOA of 9,300 homes with a number of amenities. We gain entry to the amenities by showing a DL with a matching address as your association requires. However, our association issues ID cards to those without a DL or without one with a matching address, as yours should be doing.

I recommend you bring this alternative to the attention of the property manager or Board and request they implement such as process ASAP.

TimB4 (Tennessee)
Posts: 21,059

Posted:

For what is legal or not, you need to consult an attorney.

My concern would be the same as yours, some members/residents might not have a drivers license.

You didn't mention the specific amenities.
I think an argument could be made that it is discriminating against children (who might not have a license yet).
This could be a fair housing violation.

I understand the intent of the board - only members/residents and their guests should use the amenities.
I'm not sure that this is the best way to try and enforce that intent.

key fobs would be another way to enforce (but it costs money).

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By JohnsonS on 05/20/2022 7:26 PM
An existing community in Texas has decided to implement a new policy that to use the amenities you must provide a drivers license that has a matching address to the property in the community.

There are existing homeowners in the community that don’t have this DL. Multiple reasons why, but one of them is that the owners own 2nd homes in the community. The home is for their use only, it is not leased or rented out. But the owners live in other states and have drivers licenses in those states.

Can the HOA legally implement this drivers license requirement?

A HOA/COA board may lawfully create "reasonable rules" for the use of the common areas. I do not consider this rule to be reasonable.

If the HOA/COA issues an alternative ID (like BillH10) described, then a rule requiring a DL or this ID sounds reasonable to me.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It seems to me that your HOA should have a list of owners on file with the pool. That would include their alternate address even if they own property there. That way if they do check DL's it will be on the list. As for guests that is a mixed bag. I would have them sign a liability form or have a way to track who is in the pool. Like have to sign a sign-in sheet if your in/out the pool. That is so if someone comes up missing or drowns, you may be able to identify them.

Former HOA President

DeanJ
Posts: 1,786

Posted:

It seems to me if the Association is requiring an ID, the Association should provide the ID. A drivers license is not a requirement for the ownership of property in any state I am aware of and many states do not require a new card for a change of address.

KerryL1 (California)
Posts: 14,550

Posted:

Yes--I still like Bill's solution.

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