HOA Common Area Rights

In light of escalating vandalism and trespassing issues in our community, recently our Board of Directors (at the request of the Community Watch Committee and upon advice from the county sheriff's department) had a "No Trespassing After Dusk" sign posted in our pool parking lot/small playground common area. The pool is small and not adequately lit to allow for use after dark per our county laws. A vast majority of issues were arising from the pool area. Now homeowners are complaining that they have a right to use that common area at any time, day or night.
So...does the Board have the right to restrict hours of use of the common area? (We are in NC.)
Anxious to hear responses...

Check your governing documents. Our bylaws include under "Powers of the Board" the power to "Adopt and publish rules and regulations governing the use of any Common Area and facilities and the personal conduct of the Members and their guests thereon to establish penalties for the infraction thereof." If you have something similar in your docs, then yes, your Board does have the right to restrict hours.

I agree with KirkW1. No trespassing would mean individuals that do not own the common property. The homeowners own the common property. If the question came from a Maryland condominium, any rule restricting usage of common property would have to be presented to all the homeowners for comment before being adapted. And even if adapted, the homeowners can call a meeting to rescind the rule.

Hi Kerry,

The "No Tresspassing After Dusk" sign sounds like it's okay to tresspass during the day!

You should have signs that say "Private Property, No Tresspassing". That way the members who own the common area are allowed but anyone else is tresspassing.

You can also set certain hours of operation for the pool and/or playground. If the playground is unlit, then it should be open only during daylight hours for safety and security reasons. The pool shouldn't be open 24 hours a day, it's an invitation to late night partying.

Our unlit facilities, a park and a basketbal court, are open from 8 AM until dusk, our pool opens at 8 AM and closes at 10 PM Sunday through Thursday and at Midnight on Fridyas and Saturdays. We've had those rules for almost 20 years and they seem to work well.

Kerry:

Yes, the board has a right to place time constraints on amenities. Alsmost all of our communities in NC have signs posted for tennis courts, pools, baketball courts, playgrounds etc.

And as you know with the crime on the rise if you are anywhere near Charlotte area, community involvement is ever so important. Some of our communities have taken up to hiring off-duty police to patrol in light of the recent march on Town Hall in Charlotte.

Therefore the board needs to tell the Owners they may use the amentites during the hours posted.