Violation for Regulation

Are no state or local regulations posted in your pool area?? They are in my Calif. HOA pool area, but I don't know if a it's a state/local requirement.

How about sharing the alleged violation. They're all so common that no one will know it's your SC HOA, so your privacy can still be protected.

It's true many homeowners may not be aware of all state regulations, but they're still responsible for compliance. Just like traffic laws - you may not be aware of every traffic violation out there, but there some basic things you're responsible for knowing, like obeying speed limits and stop signs. There's also this thing called the internet - if you learned there was a state regulation, whoever owned the pool could have done the same thing. I would hope they educated themselves on this stuff when they got the pool or at least asked their insurance company (coverage could be affected)

In this case, some HOAs adopt local or state rules as community rules so they can enforce (we've done that with traffic laws in our county and our security officers{off duty cops}) help address complaints. If your HOA hasn't enforced this in the past and doesn't plan to start, you could do a public service like putting something on your community website or newsletter advising homeowners with pools of certain state regulations they should be aware of, so they don't get shocked when they get a notice from the state because someone else filed a complaint. You might also advise them of possible penalties and where to file a complaint - and then leave the rest of it alone.

May SC HOAs suspend amenity privileges BEFORE a hearing? Can you cite this suspension CC&R, bylaw or Rule? For how long is an HOA permitted to suspend the privilege?? Thisseems unduly harsh to me.

I'd urge the Board o post this rule at the pool with other rules. There are others, right?

And I agree the Board should make it a formal rule to accompany the HOA's other rules & regs. Our HOA has such a written rule. But when a security officer are a gate propped open, s/he goes to the pool real, closes it and instructs the violator to leave it closed. I can't imagine an owner being called to hearing on this and been denied access unless they ignored the orders for the HOA'srep.

To charge an owner with this violation, someone must have seen the gate propped open. Whoever that was, surely CLOSED the gate. THAT's what matters. Safety now assured.

The rest, of course, can be sorted out later. Denying access without a hearing to someone who isn't aware of state law, and the HOA has no published rule, seems unreasonable to me. I wonder if their HOA docs even state that state and local laws law will be enforced by the HOA???

Meg

Somethings are common sense like do not leave a gate open. No need for a specific rule. Send a violation notice ASAP.

Meg

Somethings are common sense like do not leave a gate open. No need for a specific rule. Send a violation notice ASAP.

Really, in SC, HOAs can remove Owners' amenity privileges when no published rule or covenant is violated? No due process??? Are you sure, JohnC? Can you cite your own docs on this?? No wonder so many HOAs have such a bad rep.

"Taking action" is for this board, who's removing this ignorant owners' privileges, to close the gate. Put a temp sign up if need be.

I understand that if you have a gate/fence, it is common sense for it to be closed otherwise it defeats the purpose of having it. DHEC is the governing body of public pools and requires gates to be closed in their regulations (as I'm sure liability insurance would as well). Pool rules were approved by the Board before the pool opened and were diseminated to the community and are also available in the recorded document at the county level or from the management company. The rule that the gate cannot be propped open is not listed in any of these.

SC Law (South Carolina Homeowners Association Act) encludes a portion on enforcability. I don't see how a Board could enforce a regulation, when it doesn't meet the below excerpt from the South Carolina Homeowners Association Act. It would seem to me a Board should have to create the rule, give notice to the community about it/make it available per the law, and then be able to enforce it (i.e. remove privileges, etc.). Because it's a regulation, does the SC HOA Act on enforcability not matter?

SECTION 27-30-130. Enforceability of governing documents; recording requirements; rules, regulations, and amendments.

(A)(1) Except as otherwise provided in this section, in order to be enforceable, a homeowners association's governing documents must be recorded in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county where the property is located.

(2) To continue to be enforceable, any governing document not recorded prior to the effective date of this section must be recorded by January tenth of the year following the effective date of this section in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county where the property is located.

(B)(1) Rules, regulations, and amendments to rules and regulations:

(a) are effective upon passage or adoption; and

(b) must be made accessible to a homeowners association member upon the request of that member of the homeowners association, and, at the option of the homeowners association, via electronic mail or through methods provided by the homeowners association's bylaws that ensure actual notice, unless they are:

(i) posted in a conspicuous place in a common area in the community; or

(ii) available on an Internet website maintained by the homeowners association, where they may be downloaded by the homeowner.

(2) In order to remain enforceable, a homeowners association's rules, regulations, and amendments to rules and regulations must be recorded in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county in which the property is located by January tenth of each year following their adoption or amendment.

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Under the law and the covenants, a board can make reasonable rules about the use of common areas. The pool is a common area.

That wasn’t the question asked.

Allow me to clarify. The offender should be notified of their offense and any punitive action the BOD can do such as suspend their pool pass..

No violation can be claimed for a rule that doesn't exist!

I must be misunderstanding this, JohnC, when you wrote: "The offender should be notified of their offense and any punitive action the BOD can do such as suspend their pool pass.."

Why would you want the Board to take "punitive action" such as "suspend their pool pass" solely because they did not know state a law??

Why was this person an "offender," if there is no rule violation?

I not sure they can suspend the pool pass if they are current on assessments.

The board needs to advise the owner of the violation of state law and adopt a regulation the HOA can enforce,