Home > Research Legal Advice > Bankruptcy / Debt > Can my HOA suspend my use of the community pool even though we are under...
Asked about 1 year ago - Baltimore, MD
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My husband signed a repayment agreement of 241 a month with the lawyers representing our HOA in April. He has been paying monthly under the agreement. We asked for our passes to the community pool and was denied access from the property manger. The bylaws state: (b) Suspend the voting rights and rights to use of any recreational facilities located on any Common Area of a Member during any period in which such Member shall be in default in the payment of any assessment levied by the Association. Such rights may be suspended, after notice and hearing, for a period not to exceed 60 days for any violation of the Declaration, any architectural guidelines or any other published rules and regulations.
We have not received any written notification or hearing from the HOA. Pool opens on 31st
That is a normal penalty in HOA documents, although ordinarily when a settlement/repayment agreement is in place, your rights are restored so long as you are in compliance. It would have been better to get the repayment agreement in writing and specifically include such language in that agreement. There is always someone you can contact who has the authority to grant you relief. Residents in the HOA community all vote for their own neighbors to sit on the HOA board and hold all offices, so you need to get the most recent newsletter or HOA letter naming the elected members, and make some telephone calls. Alternatively, call the lawyer's office and ask them to clarify this issue with the HOA.
I agree that it would have been better to have your right to vote and use recreational facilities reinstated provided you remain current under the terms of the repayment plan. However, since that was apparently not included in your repayment plan agreement, you migt try to negotiate with the HOA board or the HOA attorney. Based on the language you quoted, I recommend that you start with the HOA board. Regarding the requirement of notice and hearing prior to suspension, that language applies to violations of the declaratio, architectural guidelines or any other published rules and regulations. It does not apply to a default in the payment of assessments. Such a default entitles the HOA to suspend your rights to the use of the pool period until you are current in your payments.
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