In this week's tip, we help an HOAleader.com reader with their question about a nonresident who not only openly uses the amenities without shame but who has the nerve to then be difficult and belligerent to residents while he's bogarting the
facilities.
Our reader wants to know what HOA rules might fix this. And we want to know why their board doesn't appear to be acting on this problem.
Our experts all say that requiring guests to be present with the owner who's hosting them is the best rule to address this.
“I'd definitely have a rule that guests must be accompanied by the owner,” says Carrie M. Timko, counsel at Sandberg Phoenix in Clayton, Mo., who is licensed in Hawaii, Missouri, Illinois, and California and has represented community associations for 20 years. “If that owner isn't there, that person has to leave. That's the easiest way. The owner or tenant hosting the guest must be present at all
times.
“Also, you can adopt rules saying that abusive language or aggressive behavior is prohibited,” she adds. “If you exhibit that, after notice and a hearing, the board can limit your access. But that would be just for the owner. For a
guest, the board can flat out say the person can't come to the community.”