How Legal is this??

Today out of now where this is posted in our lobby. I reached out to our management company and it sounds as if there were individuals in the pool area doing something that was against rule/ CCRS or whatnot. She also stated there was some sort of damage to the pool area etc that is costing out HOA money…. I am wondering how legal is this? I asked for a notice to be emailed out and I was told that it is going to be discussed at the next open session meeting….. So, owners do not have direct access to something they own. I have to make an appt, and hope that the someone will be here to let me in? I have served for years prior on the board. This doesn’t feel ethical nor legal.

Apologies the picture won’t load up.

It stated due to damage that people have caused to the pool that the pool is going to be locked permanently. If we wishe to use the pool we must call between 9-5 m-F to set an appt to meet a board member who will then let us in.

It isn't legal. You are banning, or removing one's privilege's to use the Association's amenity, for which you pay for, without due process.

We ended up closing our pool for a variety of reasons including expensive damages, but this isn't how to handle it. I suspect the board got really,really, pissed at this latest episode and lost their collective temper. Hopefully, they've now calmed down and might consider the following instead.

First, a very strongly worded letter should go to the homeowners, telling them what happened and how much this will cost the association,both in money and time in not being able to use it because some fools thought it was more interesting to cause destruction rather than swim.

I might keep the pool closed for a while,maybe two weeks so homeowners can consider the best way to police themselves, and the behavior of their guests. This notice certainly got your attention and I'm sure it has for everyone else. Perhaps the board can offer a reward for information that results in the culprits being caught. If they are members or guests of a homeowner, sue everyone for damages - the people who caused it and the homeowner for not watching their guests or teaching their family members to behave. Then ban THEM from the pool for a few months.

Yes, I know this sounds gangster, but this has stirred up memories of the foolishness my community enduredand which led to us adopting similar tactics before we convinced the rest of the community it would best to get rid of it and use that money elsewhere. Until then, the consequences have to be severe enough that no one else will even think of doing this again.

If the association doesn't have a formal set if likes concerning good behavior while using the pool it should establish them. It's a shame people have to be compelled use common sense and not do things like whacking the pool pump engine with a baseball bat or using it as a large urinal. All homeowners should be required to sign an agreement in which they promise to comply with the rules and you may need to consider hiring a pool monitor and/or getting g a security camera to monitor the area. All of this will be reflected in the assessments, so if homeowners want the pool, this is what they may have to accept

We still don't know the wording of the Board's rule. " Emergency wording? No?

What kind of notice, by the way, Michelle, did you want the PM to send out? In our HOA, and I think most, owners cannot direct the PM to send out notices. And individual directors usually cannot either.

This may be true on Planet California, Max, but I'm not at all convinced that it's illegal - or even a matter of 'due process' - here in Texas. I'm not saying I agree with the approach taken. But my understanding is that the HOA/Board has a duty to maintain and protect the neighborhood amenities. I don't know the details of this specific situation, but (for instance) if some egregious event happened at the pool, and the Board had no way to prevent that event from recurring - I can see an argument for shutting it all down. It might go to court but honestly, I'm not seeing any matters of 'due process' coming in to play.

Just MHO, I'm not a lawyer, etc.

BillD

I'll take Planet California any day of the week and twice on Sundays over Texas.

The simple solution for you board is to discuss installing surveillance cameras and FOB entry locks. This way you will have a time and date log of who was in the pool when it was damaged.

As for making an appointment to use the pool, seems to be a stretch, closing the pool if their is enough damage to warrant closing it until a security plan can be reached.