Can the board place a sign "residents and guests only"

TerriS6 (California)
Posts: 3,284

Posted:

We are single family dwellings on large lots. Ungated community. Articles of Incorporation state the "specific purpose" of the corporation is to maintain the roads and greenbelt.

Can the board restrict access by placing a sign that says "Residents and Guests Only" or "No Soliciting?"

Some board members want this - I don't.

MarkM19 (Texas)
Posts: 1,459

Posted:

Terri,
Placing the sign is the easy part enforcing is the problem. IMO if the area is maintained by your HOA, then they should have the right to place signs. I have been away from Ca. and have no idea what DS or California law has to say about this. I am sure you have checked already.

In Texas I have been asked by owners to add fences around our BB court because they do not think the people playing on the court are owners or renters. I always tell them do you want to be the one who goes up to a stranger and say you do not look like you belong here? This board president is not going to do it that is for sure.

I think signage is OK, but it will only keep a few of the honest people out.

ElleN (Idaho)
Posts: 1,334

Posted:

Quote:

Posted By TerriS6 on 11/15/2025 3:48 PM
We are single family dwellings on large lots. Ungated community. Articles of Incorporation state the "specific purpose" of the corporation is to maintain the roads and greenbelt.

Can the board restrict access by placing a sign that says "Residents and Guests Only" or "No Soliciting?"

I think precision is important here.

The board is not 'restricting access.' The board is discouraging non-residents and non-guests from being within the bounds of the HOA and on its roads.

If the board wants to enforce a "no trespassing order," issued to a non-owner or non-guest, that's another matter.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TerriS6 on 11/15/2025 3:48 PM
We are single family dwellings on large lots. Ungated community. Articles of Incorporation state the "specific purpose" of the corporation is to maintain the roads and greenbelt.

Can the board restrict access by placing a sign that says "Residents and Guests Only" or "No Soliciting?"

Some board members want this - I don't.

If the roads and green belt is HOA common area (property) the HOA can regulate non residents using that property. Similarity, the HOA can erect signs on that property. A no soliciting sign may result in persons being prosecuted depending on your local ordinances. I really don’t believe a law enforcement officer would take a trespass action based on Residents and Gusts Only signs your board wants to erect.

TerriS6 (California)
Posts: 3,284

Posted:

It seems if the board wanted to restrict usage of the roads, it would first have to create a rule which would be subject to member review. I don't believe the board can regulate who goes down the driveway of each homeowner. The board itself is not allowed to set foot on private property unless necessary during maintenance of the roads. Its duty is maintenance of the road not governing access to the roads. Also, we are required to keep an insurance policy against liability to the public, owners, tenants, and guests.

MichaelS56 (Minnesota)
Posts: 859

Posted:

Our 84-unit townhome association are located on private roads. We erected No soliciting signs after speaking to the city attorney. He and the city manager gave us the steps to follow for implementing the signs. The attorney also informed us how to deal with a solicitor as per city ordinance.

ElleN (Idaho)
Posts: 1,334

Posted:

Quote:

Posted By TerriS6 on 11/16/2025 2:09 AM
It seems if the board wanted to restrict usage of the roads, it would first have to create a rule which would be subject to member review.

Under these circumstances (keeping non-owners and non-guests out), I think the board might have a duty. What the board seems to want does not restrict owners or their guests from using common areas, after all. What the board seems to want is to keep trespassers out.

No, the board cannot restrict who uses an owner's driveway. But anyone using the driveway is presumably a guest of the owner. The board is not restricting guests.

Are you objecting "on principle" here? If so, I think there is not a lot of justification for the objection.

TerriS6 (California)
Posts: 3,284

Posted:

Without any language in our governing documents or local ordinances giving the board authority to filter which persons can access individual lots, I don't see a basis for signage - either "no soliciting" or "residents and guests only." Its job is to maintain the roads, not to screen who uses them - unless it was something that damaged the roads, like rototiller racing.

Since our Declaration requires liability insurance for "the public," it contemplates there would be public access at times.

Now if the membership votes to install a security gate, that would be different.

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By MichaelS56 on 11/16/2025 4:48 AM
Our 84-unit townhome association are located on private roads. We erected No soliciting signs after speaking to the city attorney. He and the city manager gave us the steps to follow for implementing the signs. The attorney also informed us how to deal with a solicitor as per city ordinance.

How do you handle persons who are just advertising, who are not actually selling (soliciting)?

ElleN (Idaho)
Posts: 1,334

Posted:

Quote:

Posted By TerriS6 on 11/16/2025 10:02 AM
Without any language in our governing documents or local ordinances giving the board authority to filter which persons can access individual lots, I don't see a basis for signage - either "no soliciting" or "residents and guests only.

I think allowing "guests" is not filtering anyone.

The only other way I can understand yourr reasoning is if you like perfect strangers knocking on your door for a possible business transaction.

Good luck

MarkM19 (Texas)
Posts: 1,459

Posted:

Terri,
Public roads are paid for by your taxes. Private roads are paid for by the HOA. We do not know how many entrances or exits you have in this HOA, but you mention gating. We did this in our Ca. HOA and it is a long process at a great expense.

Why does signage bother you this much?

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TerriS6 on 11/16/2025 2:09 AM
It seems if the board wanted to restrict usage of the roads, it would first have to create a rule which would be subject to member review. I don't believe the board can regulate who goes down the driveway of each homeowner. The board itself is not allowed to set foot on private property unless necessary during maintenance of the roads. Its duty is maintenance of the road not governing access to the roads. Also, we are required to keep an insurance policy against liability to the public, owners, tenants, and guests.

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The sign says Space aliens shall not land or take off aircraft on or from HOA roadways and the board passes a similar rule. How does an owner violate that regulation?

In you case the space aliens are solicitors and other persons and HOA rules don’t apply to them.

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By MarkM19 on 11/16/2025 11:45 AM
Terri,
Public roads are paid for by your taxes. Private roads are paid for by the HOA. We do not know how many entrances or exits you have in this HOA, but you mention gating. We did this in our Ca. HOA and it is a long process at a great expense.

Why does signage bother you this much?

Because I sense some on the board are gravitating toward more regulations of separate interests. Their only job is to maintain the roads and greenbelt. It's not within our authority to decide who can and cannot visit each and every member. If I don't want solicitors or trespassers, I can put up my own sign.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TerriS6 on 11/16/2025 1:22 PM

Posted By MarkM19 on 11/16/2025 11:45 AM
Terri,
Public roads are paid for by your taxes. Private roads are paid for by the HOA. We do not know how many entrances or exits you have in this HOA, but you mention gating. We did this in our Ca. HOA and it is a long process at a great expense.

Why does signage bother you this much?

Because I sense some on the board are gravitating toward more regulations of separate interests. Their only job is to maintain the roads and greenbelt. It's not within our authority to decide who can and cannot visit each and every member. If I don't want solicitors or trespassers, I can put up my own sign.

The proposed actions by your board are very common and uncommon for an owner to object to it.

MarqA1 (Michigan)
Posts: 24

Posted:

HOA is a private entity, you can put up any sigh you want!

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By TerriS6 on 11/16/2025 10:05 AM

Posted By MichaelS56 on 11/16/2025 4:48 AM
Our 84-unit townhome association are located on private roads. We erected No soliciting signs after speaking to the city attorney. He and the city manager gave us the steps to follow for implementing the signs. The attorney also informed us how to deal with a solicitor as per city ordinance.

How do you handle persons who are just advertising, who are not actually selling (soliciting)?

Advertising is soliciting. At my job site we have bi-lingual docs we can quickly print out and hand to vendors when there is a complaint.
Mostly complaints are Vendor is hired by homeowner A and Vendor is knocking on the doors of the surrounding homes and posting advertising.

Yes there is a sign to the entrance of the community that clearly states this is a private community No Trespassing No Soliciting
Residents, Invited guest and Vendors only.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TerriS6 on 11/16/2025 10:05 AM

Posted By MichaelS56 on 11/16/2025 4:48 AM
Our 84-unit townhome association are located on private roads. We erected No soliciting signs after speaking to the city attorney. He and the city manager gave us the steps to follow for implementing the signs. The attorney also informed us how to deal with a solicitor as per city ordinance.

How do you handle persons who are just advertising, who are not actually selling (soliciting)?

They are basically treated the same as solicitors. The police is called and if they claim they are just advertising and not selling, a criminal trespass warning is given and the person would be arrested on a second violation.