John D. Richards III
In Memoriam:
JOHN D. RICHARDS III
1970 – 2021

Richards Law founder and attorney, John Richards, passed away
August 11, 2021 in Holladay, Utah.
He was beloved by friends, colleagues, co-workers, and clients alike,
and his passing leaves an unfathomable void in the
Utah HOA legal community.
His infectious personality, relentless enthusiasm,
and welcoming presence will be sorely missed.

Obituary

Utah HOA Attorneys Representing Clients From Logan To St. George

Can your HOA prevent your family from accessing amenities?

On Behalf of | Aug 17, 2021 | Homeowner Associations |

Buying a house in a community managed by a homeowners association (HOA) should protect your rights, not infringe upon them. The HOA has rules that they should enforce uniformly for residents to maintain property values and provide the best experience for all community members.

It is common for HOA communities to invest in community facilities that benefit all of the local homeowners. A small indoor gym or pool facilities are examples of shared HOA amenities that can make a community that much more enjoyable.

Is it legal or appropriate for the HOA to deny the access of certain people to community amenities, like a pool?

In some situations, an HOA can place limits

Whether there is a park, an indoor exercise facility or a pool managed by your HOA, residents should be subject to the same rules and restrictions regarding the use of those facilities. For example, if only adults can use exercise equipment, the HOA should enforce that rule for everyone.

However, in some cases, an HOA can limit the rights of specific community members. If the HOA  has rules against those with certain criminal convictions from accessing community amenities, they can enforce that rule for the protection of the broader community. It is also legal and appropriate for an HOA to limit the amenity access of residents and homeowners who have fallen behind on their HOA fees.

However, the uneven application of rules could lead to claims by residents and property owners of discrimination. Recently, an HOA member has gone viral for her seemingly racist refusal to let specific children access the community cool. When the child refused to follow her instructions, she physically restrained the child, an act that has resulted in criminal assault charges.

Only universally enforced HOA rules or those that are clear financial penalties are appropriate reasons to limit individual access to community amenities.

Homeowners can stand up to an abusive HOA

There are some people who will let any tiny amount of personal power or authority go to their heads. They may misuse their power to abuse others or target specific individuals because of personal prejudice or a grudge.

Knowing your rights when you live in an HOA community can help you stand up against inappropriate treatment.