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VictorW (Kansas)
Posts: 14
Posted:
Our HOA's common area is a private lake. We enjoy boating skiing, fishing, etc. I have run off several people who claimed a board member said they could use the lake whenever they want. I also ran into a family from a different neighborhood who were told by the same board member that they could use the lake. Other members have told me they have run strangers off their docks.
I feel allowing nonmembers access to the lake is a verbal contract plus it also increases liability issues. IMO, I feel it devalues our mowing contract because the mower is exchanging $1500 of mowing for free use of the lake. My question is, can board members give permission to nonmembers to use common areas? I researched 20 or so other HOAs and they stated in their rules members must accompany all guests. We have a board meeting in a couple of weeks so I would like to address this issue.
KirkW1 (Texas)
Posts: 1,665
Posted:
A Board member should have no more right to grant access then any other member of the association. The lone exception would be if it were like your mowing contract where exchange of use for fees is granted.

As a note, your association should be reporting the exchange as income. If you get $1500 in mowing in exchange for the use of your lake, then you have $1500 in income to report. It is not worth the cost if caught to be lying about this.
SusanW1 (Michigan)
Posts: 5,202
Posted:
I'm not sure of your neighborhood layout. are all members lakefront? We have a community beach for members only. The non-lakefront families have "access" through the use of this beach, only. Swimming only.

Perhaps some signs that say "Private Lake 0 Members Use Only" could be posted.

P.S. In our parts, you cann't "sell" lake access (riparian rights) to anyone. How is this landscaper getting onto the lake?
VictorW (Kansas)
Posts: 14
Posted:
All eleven homes have lake front access through their backyards.Our mower has a key to a gate to access the boat ramp. The mower can bring three quests with him.

KS HOA laws are based on condominium and apartment ownership laws. There are not any HOA specific laws on the books in KS.I am the president so I try to model our HOA on other states.
JeannieraeO (California)
Posts: 27
Posted:
The short answer is that no Board member is allowed to circumvent your CCRs. You need to have a talk with him, hear his side of the story, and if necessary set him straight. Board members are held to the same standards as all association members and can be called before the rest of the board and fined just like anyone else. But first, I would try to settle the situation amicably. Just because someone said a Board member told them they could use the lake doesn't mean he did.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Short answer: No; individual Board members cannot enter into verbal or written contracts with anyone without permission of the entire Board, - or promise any services, etc. or negotiate any contract.

(That clause should be in your bylaws)

You are going to need some generic signs around your subdivision and especially at the entrance that indicates you are a private sub. with no public lake access.
FrancescaM (Washington)
Posts: 264
Posted:
ALONG WITH THIS, it appears as if that homeowner needs to be contacted with the claims of a verbal contract. good luck.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Victor,

The board member who is extending this privilege to nonmembers needs to be told ASAP to cease and desist! If the board does not want the mower to be using the lake they should inform him that, for liability reasons, his contract for mowing does NOT include lake privileges. If he continues, the next step would be to take the key away from him and require him to obtain access for mowing from a board member or other member of the assn.
MicheleD (Kentucky)
Posts: 4,491
Posted:
We have signs posted in our lake area that the lake and adjacent common area is for XXXXX Residents Only. (we don't even say "and guests" because our governing docs do not allow for "guests." They specify common areas are for the sole use of XXXX residents only.

The sign also states that violators can be prosecuted.

Then we hired an off-duty uniformed officer to patrol the lake 10 hours a week.

He's arrested 1 person already and issued citations to 3 others. Two of those people had previous records including assault and drug charges.

It's costing us $1,200 a month for this now and well worth it.

But, again, the short answer really is guided by what your governing documents say about WHO gets to use the amenity and common area.

If guests are allowed if with a resident, then that's okay. But the residents should all be notified that if they are not WITH their guests, then the board will do what needs to be done to request the guests leave.

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