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BruceD1 (Georgia)
Posts: 59
Posted:
I serve as our HOA president of a new homeowner controlled association. I’m new to this as well as all the board members. Guidance would be helpful.

Our governing documents clearly states that you must be in good standing with the association to use the amenities. Our problem, the tennis rosters were due for league play prior to the annual association assessments were due. We now have a few homeowners that are currently playing on teams that are not in good standing with the association. Our managing company sent them letters requesting that they make themselves unavailable to play by a certain date (10 days) or the captains will be notified to not play them until further notice. The problem we have is that this few are still playing.

How would you handle? Would you involve the tennis captains? Tennis committee members? BOD? Or MC?

Do we have privacy issues to be concerned with?

Thanks.
BrianB (California)
Posts: 2,820
Posted:
there are no privacy issues to worry about.

tell the owners directly to stop using the amenities, then tell the captains that the following people are not permitted to use the facilities, and copy the rule from the CC&R in the memo.

BruceD1 (Georgia)
Posts: 59
Posted:
Thanks. Now what if a homeowner continues to use the tennis facility? Should the board member confront the homeowner? (less likely) or call the police?
BrianB (California)
Posts: 2,820
Posted:
what happens after that is all dependant on your CC&R's. What do they say the HOA can do, besides ban them from the facility?

It is not likely the police will get involved in what is a business problem between business partners (even if the partner is not in good standing). If the HOA files a formal complaint, is willing to file trespassing charges, etc., they will, but short of that, they aren't likely to do much.

Do your rules allow for fines for non compliance? If so, use them. If not, good luck. The situation will escalate quickly, and no one will come out of it without a lot of dirt on them, and bad feelings. the best you can hope for is the board speaking directly with the violators, and talking sense into them. The scenarios go downhill from there, up to the police involvment.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Your members may argue that being on an HOA team is not "using amenities" even if the team uses the court.

BruceD (Ohio)
Posts: 9
Posted:
We had a problem with an owner who was seriously behind on her fees continuing to use the pool. We made sure that we notified her multiple times that she was not allowed at the pool. We finally did call the local police who showed up in record time, must have been a slow day. In any event, they kicked her out of the pool, and told her that if she showed up again she would be charged with criminal trespass. End of problem. This even though another owner tried to say that she was their guest, didn't change anything. We had contacted the police prior to that day to ensure that they would take action if requested.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Well, hindsight is always 20/20.

The criteria for being on a league would have to state "member in good standing.'

As it is now, there is the potential for league to be be punished, not the individual member.

BruceD1 (Georgia)
Posts: 59
Posted:
That is the problem. Our league roster is due before the association assestments are due. This is will be a problem for the summer, fall and winter leagues just the spring league.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
BruceD1: You need to ensure that your "roster rules" include verbiage which dictates 'to be eligible, one must be a member in good standing with required dues paid." Because the sign-up roster comes prior to dues deadline, it does pose a problem. Those on the tennis roster MUST ensure their dues are paid when due in order for them to continue playing. Someone dropped the ball here. Perhaps you will have to forego the problem for now, but for the future, you will need to prepare better.

MaryA1 (Arizona)
Posts: 7,043
Posted:

Sorry, I must disagree with Susan who said there is potential for the league to be punished not the individual. The issue here is not being able to use the amenities if delinquent in payment of assessments. The issue is not playing on a tennis league. The onus falls on the members not on the league. The member has violated a rule not the leage!

As Bruce related, the police department CAN get involved. If the member continues to use the facilities he/she can be charged with criminal trespass. Whether the board wants to go this route or not is up to them. If they don't then they have no complaint about the member continuing to use the facilities.

I do agree the tennis coach should be informed of delinquencies and also when they're paid. However, the tennis coach should not be the babysitter here. It's the board's responsibility to keep on top of the situation. Contrary to Paul's opinion, IMO, if the league wants to state in their docs that only member's in good standing can be on the league roster, that's up to them; but they should not be required to do so.

Brian was right on the money by saying the "owners should be directed to stop using the facilities, etc., etc."

We're talking about adults here, not children. They know what the rules are and they should be made to know that the BOD is going to enforce them. If they don't want to follow the rules they will have to suffer the consequences.

No one ever said it was easy being a board member, or I should say, an effective board member. Whether you like the rules or not you have the obligation to enforce them. If you let this one slip, it will only be a matter of time b/4 another one goes by. On the other hand if the board feels this is one rule they don't want to enforce they can ask for an amendment to the CCRs to eliminate it.

Mary

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