Common Area - Public or Private?

In our HOA in Georgia, an interesting question has arisn regarding the enforcement of the Rules in the common areas. Recently, the parking area has become a hangout for some young men (from the neighborhood or not...who knows) to hang out and funnel beer. Now, I enjoy a cold one as well, but the published rules clearly state no alchohol in the common areas.

After trying to talk to them several times and being ignored, we asked the Sherriff to speak with them. Much to my dismay, the Sherriff said that there was nothing that they could do since it was private property.

I'm not sure I understand that. If I was drinking in my home and came abusive to my wife, I'll bet they would enforce, on my private property. The pool is considered a Public Puul by the county health department and they inspect it and hold us to public pool standards.

The situation is getting more volatile every day - and the BOD is at it's whit end.

Anyone have any advise?

There is a difference between a violation of law, ie. federal or state law or a local ordnance, and a violation of of your CCRs. The police have a right to enforce government laws, even on private property. They do not necessarily have a right or the authority to enforce private contracts, which includes CCRs. You could probably get the police involved if you claim the individuals are disturbing the peace or creating a public nuisance.

A couple ideas:

(1) Do you have open container or public drinking laws that may come into play, even though the lot is private?

(2) Private security guards commonly enforce all kinds of rules, eject people from private property (malls, amusement parks, etc) and get the police involved if persons won't comply. Maybe that's an avenue to pursue?

Roger,

The P.D. doesn't "police" private property. However, if these youths were fighting the police would respond to break up the fight if called. This is why they would respond to a domestic violence call on your private property. But, just asking them to break up a beer-drinking party is much different. As Glen suggests, put a rule in place and enforce it. Remember to inform all the property owners of any new rules adopted by the BOD and remind them their guests are subject to all rules too. Another thing the board can do is put up "private property" signs in the parking lot and on any other common areas where these young people might gather.

Gloria,

There is also case law in MO going back several years. That court ruled the same: everyone agreed to the CCRs when buying, so they must abide by them whether the streets are private or public.

Thanks for all of the responses.

To answer a couple of the questions - The pool is for residents and guests only, and it is clearly posted; however, Bartow Counth Health Department clains that our pool is public and regulates it (Opening inspection, random inspections, etc).

If someone from outside the neighborhood is using the common areas without permission, then we do in fact have treaspassing, and the SD will enforce that.

The problem is with a few idiots within the neighborhood that causes the problems. Heres one from last night that just makes me shake my head and ask myself why do I volunteer for this lunacy. The pool closes at 10:00pm. My wife and I along with a couple of friends (also residents) came back from dinner at 11:00 and I noticed some folks swimming. I stopped and reminded them that the pool was closed. They said no problem and left. During that conversation, a car pulled up with a woman and 2 childeren. I told them that the pool was closed and she said OK.

We dropped our friends off, and then for some reason I drove back by the pool, and sure enough, the woman and childern were in the pool. The gate will not open from the outside after posted hours, and I made sure it was closed when I left. The only way they could have got into the pool was to jump the fence, then open the gate from the inside. She got really nasty when I confronted her the second time.

My last good nerve is getting really frazzelled.

Roger, get a group of older guys together (the older the better) and when these guys show up go out and hang with them. Start telling tales of your youth; you know the kind. "When I was a kid gas was 17 cents a gallon (I hate to admit it but I remember it cheaper). Stamps were a nickel and the postman came twice a day." Or better yet start asking them to explain current technology to you but always pretend not to understand their answers and make them repeat it. Pretty soon they'll find somewhere else to "hang and drink beer".

P.S. Don't forget to carry a boom-box playing polka music or something similar.

yes, it can be restricted. you can put up fences, signs, use cattle prods, call police and arrest for trespassing, etc.. In general, i would try a soft approach first, and try reminding the tykes and parents that the area is private property. maybe a sign or two.