Can my HOA require that we let our cooler be checked at our community pool without first notifying us?

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Can my HOA require that we let our cooler be checked at our community pool without first notifying us?

The lifeguards at our community pool started checking coolers this pool season. No notice was sent to homeowners that they would be doing this, it is not in the pool rules and there is no sign posted at the pool. My husband refused to open the cooler stating that we were not notified of this and it is an invasion of privacy. We now need to attend a hearing and possibly face a fine and suspension of pool privileges for violating pool rules. As I stated above, I have a full copy of the pool rules and having to show our cooler is not listed, nor that refusal to show is a violation.

Asked on August 3, 2011 North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to carefully read the "covenants, conditions, and restrictions" recorded on your property as to what obligations you as homeowners have to the homeowner's association and vice versa. Likewise, read the association's rules as well.

If there has been no prior checking of coolers at the swimming pool in the past and the "covenant's, condition, and restrictions" recorded on your property say nothing about inspection of the coolers as well as the assocation's and pool rules, then you had every right to refuse access to your cooler.

From what you have written, it seems that your husband was justified in refusing to open the cooler. The hearing that you are supposed to attend is without basis. You should consider consulting with a lawyer experienced with planned unit development's and their rules about what is happening to you.


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