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| Author |
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KerryB1
(North Carolina)
Posts:2
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| 06/20/2008 9:43 PM |
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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... |
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TonyM3
(Arizona)
Posts:131
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| 06/20/2008 10:08 PM |
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| I suppose if your docs allow it and the board believes it to be prudent. I hope it solves more problems than it creates. But does no trespassing after dusk mean trespassing is permitted prior to dusk? |
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DwightT
(Idaho)
Posts:456
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| 06/21/2008 1:25 AM |
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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.
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KirkW1
(Texas)
Posts:1145
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| 06/21/2008 6:48 AM |
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I would contend that the sign doesn't say homeowners can't use the location after dark. It says that people can't trespass after dark. Generally trespass means to unlawfully enter property or to enter without permission or right.
As for the ability to put in time (or other) restrictions, you must read the documents. I would think that they allow the board to pass rules. If you have a pool without the ability to create rules regarding it, then you are in for a hard road ahead.
All the same, I you consider that perhaps the people wanting to use the pool are not trespassing. And that they should also be happy to report if anyone they don't know is there (increasing the number of eyes looking out for the place). You may also want a camera or two around to keep an eye on things. |
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JeanneK3
(Maryland)
Posts:129
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| 06/21/2008 6:57 AM |
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| 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. |
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MaryA1
(Arizona)
Posts:2248
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| 06/21/2008 7:10 AM |
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Kerry,
I agree with Kirk that "no trespassing" would apply to non-members of the assn. However, IMO, the board has the authority to adopt "hours of operation" for the pool which the members and their guests must abide by. This an amenity owned by the assn not by the members. I would not find it unreasonable that the pool would be closed after a certain hour for various reasons. I think if you look hard enough you might find it said somewhere in your gov. docs. that the board has the right to enact rules w/o a vote of the members. I would find it strange that the CCRs would say the board cannot set hours of operation for the pool!! |
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PatrickH
(California)
Posts:197
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| 06/21/2008 7:23 AM |
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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. |
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TonyM3
(Arizona)
Posts:131
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| 06/21/2008 9:22 AM |
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The sign thing can be tricky. I've found that most of the trespassers don't think they're trespassing because they know JoeBlow's kid in the community. Even though JoeBlow moved five years ago.
Maybe a simple-
HOA MEMBERS ONLY
POOL CLOSES AT DUSK
sign. |
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GloriaM
(North Carolina)
Posts:778
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| 06/21/2008 10:42 AM |
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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. |
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Dr. Gloria J. Martinez, CFO
Official HOATalk.com Sponsor
Author of "A Guide to Community Living"
Faith Management Services, LLC (North Carolina)
(704) 799-3791
www.FaithManagementServices.com
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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KerryB1
(North Carolina)
Posts:2
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| 06/22/2008 6:13 PM |
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Thanks to everyone for their helpful information. I searched our Protective Covenants (thought I had them memorized, but I guess not!!) and found where it was clearly stated that the Association can restrict use of the common areas in several ways, including hours. While I'm most disappointed that our Board members and property manager were too either lazy or stupid to do the research on this, I'm glad to have forwarded the quoted text along to them along with a request to clarify in writing for the entire community.
Hope everything will go smoothly from here.... but thanks for all of your help!! |
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