Overcrowding at lakes

Started by MaryannC1 • 10 replies • 281 views

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MaryannC1 (Pennsylvania)
Posts: 30

Posted:

Our small community is experiencing overcrowding at our lakes and common areas as people have been buying undeveloped properties just to use our amenities. According to our bylaws, this is legal. Is it possible to amend our bylaws to allow only actual homeowners to use the amenities? I think I know the answer but would like other opinions. Thanks for your time.

MaryannC1 (Pennsylvania)
Posts: 30

Posted:

I should add that the biggest problem is that they are bringing in large groups of people from out of the area.

ElleN (Idaho)
Posts: 4,420

Posted:

MaryannC1, I would like to get the 'lay of the land' here, if you do not mind.

-- Do those with undeveloped lots pay the same assessment as those with developed lots?

-- What percentage must vote in favor of the proposed bylaw amendment for the amendment to pass?

-- About how many own undeveloped lots? About how many own developed lots?

-- What exactly is the evidence that there is overcrowding?

-- Do the bylaws say anything about limits on number of guests?

-- Do the bylaws allow the board to make reasonable rules about the use of common areas?

-- If this amendment passed, then how do you imagine enforcing it? Would someone check IDs regularly? Are there gates that the HOA is willing to build (or are already built) that would require a digitized ID card for passage?

-- To what Pennsylvania statutes is this HOA subject?

SheliaH (Indiana)
Posts: 6,964

Posted:

I take it you've checked your documents- if not, that's where you start. It should state what's required to amend the documents- usually a percentage of homeowners. The main question you may need to consider is whether an owner of an undeveloped lot has the right to the same amenities as people who've built homes on their lots. There's also the matter of numbers. If you need X percentage of homeowners to approve a change to the documents and the lot owners outnumber the home builders, that could be a problem getting them to go along with this.

Do the lot owners pay assessments? Is everyone supposed to pay the same whether they have a home or not-keep reading your documents. If the lot owners aren't paying at all, there needs to be an effort (right now) to begin collecting (which may include asking for back assessments). Talk to your association attorney about your options in that regard.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By MaryannC1 on 09/17/2023 10:30 AM
Our small community is experiencing overcrowding at our lakes and common areas as people have been buying undeveloped properties just to use our amenities. According to our bylaws, this is legal.

Then chances are high that amending the bylaws so that a minority of owners cannot use xyz amenity would represent, as the courts have often put it, a "tyranny of the majority."

Yes, all owners knew in advance the bylaws could be amended. But the courts say there are limits.

Extreme example:
A HOA has a vote for a proposed amendment that requires 10 owners to pay all of the annual assessment, while 90 owners to pay no assessment. The HOA got the required number of votes to pass the proposed amendment. This does not make the amendment lawful.

MaryannC1 (Pennsylvania)
Posts: 30

Posted:

Thanks, ElleN! I do understand.

MaryannC1 (Pennsylvania)
Posts: 30

Posted:

Thanks for your reply. I think all my questions have been answered.

KerryL1 (California)
Posts: 14,550

Posted:

Yes, you can see good replies & questions from Shelia & Elle.

I see you & Elle refer to Bylaws, which usually don't deal with "rules." The declaration of covenants, conditions & restrictions (AKA CC&Rs) do as suggested by the word "restrictions." So I think wording that might or probably gives the Board authority to make rules & regulations will be in your CC&Rs. The CC&Rs might include, for instance, certain restrictions re: use of the lakes. Make sure you understand those completely. But if the CC&Rs elsewhere give the Board authority to make reasonable rules, your HOA may not need Owners' votes to make lake use enjoyable for ALL Owners. New proposed rules may require some sort of notification to Owners for feedback

IF all Owners pay the same in dues then, imo, all should have equal access to the lake. It is common in HOAs to have rules that limit the # of guests a lot owner or resident can have in order to use, say, the pool area. This deals with overcrowding and is a precedent that's been set nationwide in many HOAs.* It is a reasonable rule as it applies equally to all owners. If parking of all these guests also is an issue, you may be able to limit the # of vehicles too.

In either possible solution, your Board must consult with your HOA attorney to make certain the proposed rule(s) is possible and that the wording of a proposed new rule is legal.

Enforcebility must be considered too, of course. Btw, how does you HOA keep non-owners out of your community. Can you tell us how many total lots there are?

#Our original Rules & Regs limited the # of guests in the pool area to, I think 5. After the HOA had been open a few years, the Board vote to eliminate it because we didn't need it.

CjC
Posts: 210

Posted:

We only allow each household to bring two guests to the lake based on overcrowding and parking issues. Households have a portal to show owner passes and they are given wristbands by security patrolling lake on weekends, anyone without wristband is trespassed by police. We are a private lake community.

KerryL1 (California)
Posts: 14,550

Posted:

So good to hear from someone with actual experienceI I might be mistaken but I think it's been quite some time since we're heard from CjC.

Say, CjC, are your HOA's restrictions re: lake use in your covenants or someplace else like Rules & Regs?

MaryannC1 (Pennsylvania)
Posts: 30

Posted:

Thank you for your reply. We are a small community with two small lakes. No security so we don't have the means to patrol.
We do have a security gate at the entrance to the community. I guess we'll just have to deal with it.

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