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NoelleC2 (California)
Posts: 47
Posted:
Our HOA as I mentioned is updated and cleaning up it's cc&r's after 20+ years of being in place. One of the new cc&r's that we are adopting states that homeowners who are 3 months behind in dues may not hat access or use of the common amenities, the pool, the wash room etc.

How can this be enforced? We have several homeowners who frequent the pool, and use the laundry room but owe in some cases several years of dues still? ( they are being handled by our atty and some are in the works of foreclosure unfortunately.
DanielH1 (California)
Posts: 482
Posted:
You could probably adopt a set of fines for unauthorized use of amenities.

If you are in California, you'll have to have a notice and a hearing and follow all the other laws in relation to fines. You aren't a court so you don't need to "prove beyond a reasonable doubt"; the say-so of a witness (even a Director) and a majority of the Board's belief that the witness is telling the truth should be enough.

If the offenders are in foreclosure, the fine probably won't be much of deterrent but it can be added on to their bill. (You can hire a collector to chase them down in small claims court later, even if they lose the house.)

You could call the police but it's probably not worth the trouble of getting them to understand the situation and dealing with all that. If the offenders are vandalizing the pool or something, it might be necessary, though.

But, if I were you, I'd be reluctant to deal with all this and just let it go.
DennisT (Ohio)
Posts: 109
Posted:
At the end of the day Daniel's right. Run the violations through the normal complaint process and tack any assessments on to their bill. If someone's already been foreclosed on there's not much you can do other than say "Stop! Or I'll say Stop again!" The police will treat it as a civil matter and most likely refuse to get involved.

Depending on the type of amenities you offer it might make sense to install some type of access control mechanism. For example you could put a key card reader on the laundry room and disable the card(s) belonging to a suspended member. Could they use someone else's key or piggyback? Sure but you'd have a name/date/time log and could pursue whomever let them in.

Is it worth putting a key card system in just to be able to keep delinquents out? Probably not, but there are added security benefits that might come into consideration as well. For example if there was a reader on the pool gate it could be programmed to automatically lock on the outside at closing time. When I was in school we had to use our key cards to get into the laundry and TV room even though the dorm itself was locked down also. I guess they'd had some vandalism problems in the past caused by non-residents who either snuck in or were legitimate visitors.
AnnaD2 (Florida)
Posts: 960
Posted:
NoelleC2 you have a very valid concern and I'm surprised more people didn't chime in.....because this is a point of contention for a lot of associations. Someone said to "let it go"....no, I would not do that.

I'm unsure what the laws are in your State. But in Florida there are TWO sets of laws (State Statutes)....one for Homeowner Associations; and one for Condo Associations. The Homeowner Associations laws ALLOW associations to "ban" people from using the amenities. The Condo Assocations do NOT allow associations from banning people from using the amenities due to non payment of dues, fees, etc. Make sure you're "allowed" to write that into your CC&R's before doing so; according to your state laws.

The condo associations are LIVID!!! To say the least. So if you ARE allowed to do it---do so. Then ENFORCE it. Letters; association attorney; court action--whatever you have to do. No, the cops won't come for something like that--it's civil. But if they're not paying their maintenance fees they probably won't want an added cost of attorney fees; court costs; etc. Make it VERY clear that you will take action and THEY will be responsible for all costs.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Anna,
Please explain: Are you saying in Fa. if the folks that do not contribute to the association in condo, the association can not restrict there access to the amenities? Can a condo restrict the use of the amenities to to someone outside the associations. Do you post private property signs and will the police enforce?

It appears to me there is great discrepancy here between these laws. Not doubting your word, but hasn't this been challenged in the courts? Are you saying, even if you have a passcard system and don't issue cards, you have to do it? What if you didn't?
Lot of questions but new stuff to me. In SC in a condo, we can actually turn off water for non payment. Of course there may be exceptions to this, but they would be exceptions to the rule.

It took a lot of fighting over the years but we, as a condo, can enforce (our no trespassing signs) by informing the trespasser and if/she don't vacant the private property the police will escort them out. We have also caused for a trespasser dumping trash to be banned from the property and a fine was issued.

But none of this works unless you get some stout owner to take on their responsibility. I also think at some point someone is going to sue one of these owners that don't take their responsibility serious, and take the whole non-contributors to court. Owners do have legal obligations to protect the common whole in condos, at least we do, or so I read anyway.

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