Use of Common Area for Owners to Discuss HOA Issues

We have a clubhouse and large patio area with rules stating people cannot organize large events (more than 20 people) in these spaces without it being organized by the Board or Social Committee. This seems reasonable as we don't want a random group of 100 to take over the entire clubhouse/patio.

However, I seem to remember reading that homeowners have a right to use common areas to meet amongst themselves to discuss matters relating to the HOA. We are at the start of our Board election process (annual meeting is next month) and the Board organized a Meet the Candidates night last week that was well-attended. However, due to the time restrictions on each candidate, as well as the time of the event, a lot of people complained that they either weren't able to attend or didn't get to hear enough from the candidates. A number of homeowners asked the board to hold a second evening, but the Board is not interested.

So I am curious if homeowners can, among themselves, organize such a meeting on our patio. I tend to doubt it, because I'm not aware of any laws that would override our Association rules, but I don't want to dismiss the idea without looking into it.

TIA

I don't think it's been cited here, David, but CA does have a statute that guarantees owners the ability to use the common area for HOA-related purposes. And without charging a fee! The question is, does Delaware? So you state's HOA statutes, if any, should help.

But first, If it were me I'd start with your CC&Rs to see if anything there might be about using the common areas or any restrictions thereof. Is there wording that give the HOA the power to keep to keep a group of owners out of the common area unless approved by the Board?? Or maybe possibly in your Bylaws. The way most HOAs manage use of such rooms is to have residents follow procedures to use them at such & such day/hours. There might be both a reasonable fee and a refundable deposit involved. There's a form to complete.

It's hard to imagine that your HOA could have a legitimate rule keeping owners out of the the common areas! It might help to write the exact wording. The more I think about it, the more I feel your Board or whoever made this rule wanted to shut down ways for owners to assemble on the premises. And the current board might be using this "rule" to keep owners from uniting to perhaps vote out incumbents if any seek reelection.

Common areas are exactly that: for use by all residents.

The Declarations are silent, except that they specify the Association is responsible for the "administration" of the common elements, as well as provides the Association to write rules pertaining to the usage of all common elements. The exact rule is in a section regarding the Social Committee:

1. From time to time the Social Committee or other community organizations may organize events that utilize the amenities. In those cases, the Event will be allowed to reserve all amenities, including the clubhouse, chairs & tables, sports courts, and clubhouse grounds.

2. Amenities are free to be used during their published hours unless they have been reserved for an HOA sponsored event.

3. Residents may not organize large (greater than twenty people) gatherings in any of the amenities, and when gathering in small groups may not prevent other residents from enjoying the full use of the amenities.

Sounds like the Social Committee is not the arbiter of approvals/denials...In fact, this language is very open/relaxed to any Homeowner wishing to host a meeting or event. Your main hindrance is perhaps number 3. Larger than 20 is not allowed...That's reasonable, but even so for meeting the Candidates the Board of Directors should waive rule and make an exception.

That covenant and rule is moot. The owners can gather in the common areas to do with as they please.

This is just my humble and extremely cynical opinion:

- It seems to me that the candidates should be the ones organizing this additional meet-up. Each candidate could possibly set up their own meet’n’greet. They could even say “attendance is limited” but if more than 20 people show up - what is the penalty?

- “People claimed they weren’t able to attend”: Sometimes this is true. Sometimes this is what people say when they don’t want to say “I don’t care.”

- Let’s say you set this up - but only half of the candidates show up. Is there going to be any kind of blowback from that?

Not sure this is much help, sorry. I think it’s commendable that your Board set up such an event. It was probably a fair amount of effort, and I don’t blame them for not wanting to do it again.

Bill

First, we would meet on the patio because the clubhouse isn't very big. That question is hilarious in our particular case, though, and is a constant topic of conversation here. While the Developer relinquished control of the Board last year, he still owns 27 lots and has not yet turned over ownership of the common elements. However, homeowners (over 600 homes now) have been using the clubhouse, pool, etc for over two years. Meanwhile, we keep asking when we are going to see a room capacity sign in the clubhouse, because currently there is none. Nor are their smoke detectors. It seems curious.

I'm still troubled that David's HOA's developer was able to make a rule that provides unequal and, imo, unfair access to the common area patio: "...the Social Committee or other community organizations may organize events that utilize the amenities." WHAT are these "community organizations?" Are they SOLELY those approved by the Board?

Or can a group of Owners organize themselves as a "2023 Board Election Discussion Group." As such, there may be more than 20 who can attend a 2nd Candidates Night on the patio. Those organizing this event need to make sure every candidate is invited; try to make it when all candidates can attend. (Yes, even is away on vacay).

Otherwise, I agree with LetA. Someone can just ship out flyers and invite owners & candidates. A small group can organize it logically. Would the board call the police?

What bothers me is that ALL owners pay dues to maintain the clubhouse/patio area, furniture etc. All owners pay into reserves for the eventual repairs/replacements needed. But some groups of owners may use the amenities whenever they wish, e.g., the Soc. Comm for its events, and the other so-called "Community organizations." But decent dues-paying owners cannot have their own gatherings of any kind of over 20? This inequality of access surely can't be legal. Some groups of owners surely may not be privileged over other groups of owners merely because the former are board approved?

When we think about any situation where access is forbidden to some, but allowed to others, the only words that apply are preferential treatment, or favoritism, or ...discrimination.

Just me, but I don’t read these rules as having evil intent. I think they are trying to say: “only the Board and Social Committee can schedule the entire clubhouse for their exclusive use” and “residents or unofficial groups of residents cannot grab exclusive use of the clubhouse for their private get-togethers”. It reminds me of my neighborhood and “Pool Parties” - residents can have a party at the pool - but they can’t have exclusive access to the pool and hold a “private party” and only allow access according to their exclusive guest list and lock other people out.

There are different (and possibly better) ways to express such rules, but really I think all they are trying to say is “only the Board and Social Committee can get exclusive use of the clubhouse; at all other times, the clubhouse is shared.” I’ll bet they just chose the number 20 more or less at random, possibly as a hedge against some private group trying to take over the clubhouse by sheer numbers.

Bill