Question:
We are a small (23 homeowners) townhome self-managed HOA. We are in a gated community, and each member has a unique gate code.
We have an absent homeowner (she moved out but has not sold her unit) who asked a family member to check on her home during a storm last week. She did not advise anyone that this person would be staying in her home. At approximately 110:30pm one resident noticed lights behind her townhome. Looking our, she saw 2-3 men she did not recognize throwing things in to the lake and using a fishing cross bow. The resident was a little startled at seeing strangers behind her home in her supposed safe gated community. She called out, asking who they were, and was told the “lived here” and then named the Owner. They were told they couldn’t fish that late at night, and they agreed to go inside.
However, this person and several others then proceeded to fish at 1:15am using standing lighting to light their way. The president of the association spoke to them, stating that if they didn’t cease immediately the police would be called. The “guests” went into the townhome.
I should mention that our HOA doesn’t own the lake, but lease it from another entity.
During the next few days it appeared that the “guests” were no longer staying in the townhome but coming and going at will and fishing (legally). We did receive complaints from another owner that these people were fishing in another lake that abuts our property and is owned by another HOA. Others can, with express permission from the other HOA, fish in that lake. However, these “guests” do not have that permission. They were told not to fish there, and left, but came back the next day and were again run off. These same people also were cutting down brush and trees to give them better access to the second lake)
Sorry for the long lead-in, but our question is, due to safety and security concerns and so we aren’t found in violation of our lease, can we legally write a new article to our CCRs that disallows non-residents coming and going when the homeowner is no longer residing in the community?
– Keigh
Answer:
Hi Keigh,
It is best to contact the owner of the townhome to inform them of the concerns that both the HOA and the residents have. You may amend your CC&Rs to include a stipulation that you described, though it is best to ask a lawyer for assistance with the amendment to ensure that it doesn’t conflict with any existing provisions you may have or any state/local laws.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
