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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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is it acceptable for a Board of Directors to change the pool

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is it acceptable for a Board of Directors to change the pool usage rules in the middle of the year? Our assoc has always refused pool use if dues are behind. Now even if the dues are current the Board is withholding pool use if you were late at anytime. Is this legal?

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Generally, there is no law that states when the HOA may change rules and regulations. As long as they hold meetings and take vote as required by the by-laws, the board is allowed to change the rules.

With that said, the swimming pool is a common area. The HOA cannot restrict access to common areas, since all homeowner's dues go to pay for those areas. The HOA cannot take away access to a common area to all persons who have ever been late on their dues. They would have to amend the by-laws, which usually requires a full vote by the entire membership (and often a super majority rather than just a 51% vote).

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