Member Discpline at the Pool

First, I'd double check state law- if your documents allow it ( ours did), the law only applies yo HOAs established after a certain date, you may be OK. Then again, y'all Texans are a different breed of cat, aren't you?

Anyway, send the letter and give them a deadline of, say, 30 days from the letter date. If not paid in full, privileges are revoked for the rest of the summer (that will really get their attention). No promises to pay- come up with a check, credit card, etc., or go swim somewhere else. They can always come up with verifiable proof of payment.

I also suggest that the board enact a rule, effective immediately, that people whose privileges have been revoked, cannot access the pool on someone else's pass.

This applies to all members of the delinquent member's household or tenants (short or long term to cover the Airbnb crowd). This sounds gangster, but if the deadbeats can access the pool on a neighbor's pass, you haven't accomplished much.

If you take my second suggestion, debate this in an open meeting before taking a vote. I'm sure people won't be happy, but they need to be reminded it costs money to maintain the pool for the enjoyment of all, so it's unfair for some to pay, while others don't, yet they still get benefits.

Per TPC 209, I agree that this and other requirements must be met before suspending an owner's right to use common area.

I say try it.

Let's see how many know how to read TPC 209.

First, I assume, Bill, that your declaration or bylaws permit the board to withhold access to amenities? Both of our docs permit that.

Next, with MarkM, if your assoc. may withhold amenities, and speculating that some of your delinquents also don't use your pool, consider withholding access to any other amenities that are permitted if you have any others that are worth withholding. (I think I recall, your assoc. has no others?) Our urban HOA, for instance, has underground Visitor Parking for residents' guests. Street parking is scarce, and where plentiful, pricy. Withholding that amenity has been very successful.

If some of your delinquents are landlords, their tenants may howl if they can't use the pool, so tenants may, in fact, discipline some delinquents.

In CA, and it sounds like in TX, too, the Assoc. cannot take this action without providing the alleged violators of any kind without due process, i.e, a hearing etc. So, I think consider doing both. Send out the notice, and include that if $$ is accepted by xx xx xxxx, the owner will be immediately called to a hearing where access to xx, xcx, etc. may be removed.

You might check to see how long you legally can withhold these privileges. There may be a time limit, say 30 days.

Good point, Mark! We've mainly withheld for other violations, e.g., noise nuisances, parking violations

Bill,

It's absolutely appropriate to cut the pool access on non-paying accounts. Our HOA bylaws allow for a cutting of access with a hearing required AFTER access is cut. Read your rules and state law carefully. Many of your delinquent accounts will be made whole if the pool is off-limits. After all, pool operations are a key expense for which HOA dues are collected.

Regarding a warning letter.....I don't see any harm in sending a letter or email but have the guts to back it up.

Many of these people are choosing not to pay, especially if they've not reached out for hardship reasons.

I hear ya. When I first saw the term I thought “this might be interesting, especially if the member is a very bad person who is also very attractive”. But nope.

Bill