+1. I’m on our neighborhood pool board. We are not a HOA and you have to buy memberships. Every year, there are groups of teens/ tweens who try to come in without memberships. More often than not, they’ve been told the rules in previous years and their parents definitely know. If memory serves, we’ve had to call the non emergency police twice in the past five years because they got belligerent when asked to leave. |
+2 |
That's not what happened here though. These people were guests of a resident. |
Having somebody that does not belong to your neighborhood go to your pool is very different than teens that are invited by a owner. Let's say the owner can have 3 guests and they invite 5. Legally, the teens are there because they were invited but the homeowner is at fault for not following HOA rules. Legally, You would deal with the owner, not the teens. |
But the question of whether the resident owner had permission to bring that many guests on that day has not been answered. If there was no permission for that many guests at one time on that day, then they were there without permission and therefore, trespassing. Had permission been granted by the HOA to the condo owner for this party on this day with this number of people? |
You can't trespass when you are a guest of an owner, even if the other owners don't like it or have HOA rules about how many guests you can have. |
It's not "My" private property. You don't own the property. |
If the resident does not have permission to have guests, then yes, you are trespassing. No permission means not allowed to be there. |
No. The guest are under no legal obligation to know the HOA rules. The contract is between the HOA and the owner. The owner can be fined but the guests are not trespassing. |
You're on crack. A condo owner by definition owns the property. Sure, not 100%. But at least they are OWNERS. The trespassers.. well are trespassers, and have precisely zero rights to be there. |
w Yes, the condo owners and members of the HOA do indeed own the property. You own your apartment and have a share in the common property, so, yes, you own it along with your neighbors who are also owners. All the owners must abide by the rules of their shared private property. |
If you are in a property that is not yours, you are trespassing unless you've been granted the privilege to be there. The condo owner did not secure the proper permit to get you that privilege, so you are trespassing. |
No...did you not take your medication today. You 100% do not own the property. The HOA or the corporation owns the condominium does. The other owner has the right to invite guests so the guests are not trespassing. |
No one said the guests need to know the HOA rules. But if they are told they do not have permission to be there, then they need to leave, immediately. They can’t just stay because the owner invited them and said it was okay. |
That is not how contracts work. The contract is with the home owner. They are in violation of the HOA rules (which are not criminal laws) and the guests are not trespassing. |