Can HOA Ban Owner for Supplying Drugs?

Hi Toby,

In general, an HOA or property owners’ association cannot ban a homeowner from the association solely based on their arrest or alleged criminal behavior, such as being picked up by Alaska State Troopers for supplying drugs to a minor. Homeownership in an HOA community is tied to property ownership, and the association’s governing documents (e.g., CC&Rs, bylaws) typically define membership as automatic and mandatory for property owners within the community. An HOA has no legal authority to strip someone of their membership rights unless explicitly allowed under its governing documents or state law, which is highly unlikely in this case.

However, the HOA might be able to impose penalties if the homeowner’s actions violate specific community rules, such as if their behavior disrupts the peace, endangers residents, or negatively impacts the community’s reputation. In such cases, the HOA would need to follow due process, including notifying the homeowner of the alleged violation and providing an opportunity for a hearing.

If criminal activity occurs on the homeowner’s property, local law enforcement typically addresses it, not the HOA. It’s advisable to consult the HOA’s governing documents and, if needed, seek legal counsel to better understand the rights and limitations of both the HOA and the homeowner in this situation.