Military family refused entry to neighborhood pool for 4th of July weekend, are they really entitled or just entitlement seekers?

2015-07-03T17:40:57-04:00

This family (both Veterans) rented the home with the desire of using the community pool.

The Home Owners Association (HOA) has by-laws that are not in line with the rental contract....are the renters getting hosed (no pun intended)? Should they be let out of their contract? Is the HOA president just being a prick or enforcing standards?

There is a balance of being entitled to something versus the feeling of entitlement...which is this?

(edited to add link to video): http://popularmilitary.com/military-family-refused-entry-to-neighborhood-pool-for-4th-of-july-weekend/

Military family refused entry to neighborhood pool for 4th of July weekend

Two military veterans and their young daughters may be locked out of their neighborhood pool on Independence Day and they say their homeowners association is to blame.

Response by CW5 Private RallyPoint Member made Jul 3 at 2015 5:46 PM

2015-07-03T17:46:20-04:00

I'm part of the entitled "other" crowd, CSM. I guess this veteran couple is getting hosed, but they should have gotten the pool particulars in writing. That's rule #1.

Response by 1SG Private RallyPoint Member made Jul 3 at 2015 5:52 PM

2015-07-03T17:52:04-04:00

I would need more details on the contract, but with what has been provided I would say that if the renters were led to believe they would have use of the pool, then this is breach of contract. I'm sure the renters are keeping up the property IAW the other HOA by-laws so if they are conducting themselves the same as the other homeowners are, then why not allow them to enjoy the same entitlements.

Response by COL Mikel J. Burroughs made Jul 3 at 2015 5:56 PM

2015-07-03T17:56:33-04:00

CSM Michael J. Uhlig This is a slippery sloop kind of question. I'm a homeowner that pays HOA dues on a home in Colorado and I lease it. Accordingly, who ever is living in that house renter or owner they are entitled to the benefits of that HOA (even though I pay them as a Landlord). I checked that before I started renting (incentives to renter). Being the nice guy I am, if my tenant was having an issue with the HOA in getting access to the pool I would work very hard to get him access. With that in mind I believe the HOA President in this situation needs to make every effort to get approval from the Owner of the property to allow them access. Exception to HOA rules can be made if the right people are in charge and if the renters ask nicely. Secondly, no one is entitled unless they have it in writing to begin with when they rent. Someone needs to do his or her homework prior to signing a rental agreement. Residents pay HOA fees and they are set up for a reason.

Response by 1SG Private RallyPoint Member made Jul 3 at 2015 6:07 PM

2015-07-03T18:07:52-04:00

I'd have to see the contract and By Laws, but this is not general practice. I rented a home in a predominantly retired subdivision in Florida before making an offer and buying it on a short sale. The only difference for the community pool was I was issued a temp (laminated) pass and could only use the pool during HOA office hours as a renter as opposed to receiving a prox card that gave me unrestricted access as a home owner. The one thing that I find not relevant is the veteran status of the renter, that usually only comes into play for veteran's preference or if a service member needs to break his/her lease (ie. PCS, deployment, etc.)

Response by SFC Mark Merino made Jul 3 at 2015 7:16 PM

2015-07-03T19:16:50-04:00

That happens often. The usual solution is that the renter only has to get permission from the owner, get their access card and problem solved.

Response by SPC Private RallyPoint Member made Jul 3 at 2015 7:26 PM

2015-07-03T19:26:29-04:00

If this is a real situation, I'd get my hands on the pertinent homeowners documents. If the association is on the ball (good luck) it should have an appendix governing rental agreements. If the homeowner was on the ball, he should have given a copy to the renter.

In the United States, contracts are covered under the Uniform Commercial Code, if your state has incorporated it. Louisiana, for example, hasn't. Sorry, Ft Polk. Typically a homeowner leases out the majority of his rights to the lessee, including amenities. A homeowners association is present in a deed restricted area. The deed restrictions are incorporated into the association's by-laws. The homeowner is usually required either by the association or state law (Florida and Texas) to notify the renter of the by-laws.
If the bylaws limit the renter and homeowner didn't inform the renter, then the homeowner is in breech. If the bylaws changed and homeowner didn't notify the renter, the homeowner is in breech.
Now if the association president is taking this action on themselves, the president is breaching the bylaws and opening the association to a legal suit. Absent more information I can't say if the suit should be brought by the owner or the tenant.
Some associations have a management company or property manager, if they do, I would also get in contact with them.

Standard disclaimer: I am not a lawyer. I am not even legalzoom.com. I just have dealt with rental properties in the past and have stared at enough contracts to realize something is wrong. Please seek legal counsel from a legal professional.

Response by LTC Stephen F. made Jul 3 at 2015 8:51 PM

2015-07-03T20:51:18-04:00

CSM Michael J. Uhlig, if the rental contract included a clause that specifically authorized the renting family to have full use of the pool which is entitled to owners of the properties [or similar wording], then this is a clear breach of contract and the renters would be able to take recourse and hopefully get the bulk of their money back.
The owners who rented the property should have known that the lock would have been changed and that an owner is required to be present. The owner should have requested an exception to policy for the renters by name to be authorized to use the pool in their name.
It seems that the HOA must be fairly small if the pool managers and gate-keepers can recognize every resident and their guests. The requirement that an owner must be present whenever one or more guests use the pool seems to have been in effect.

Response by PO1 John Miller made Jul 3 at 2015 9:55 PM

2015-07-03T21:55:45-04:00

The rent they're paying covers the HOA fees, so what's the problem? I read the article and it said something about "I don't want to clean feces out of the pool." Where the f**k did that come from???
I don't necessarily think the HOA is discriminating against veterans, but I DO think they are discriminating against anyone who is not a home owner in their HOA.

Response by TSgt Kenneth Ellis made Jul 3 at 2015 10:06 PM

2015-07-03T22:06:26-04:00

Never buy a house with an hoa. I have a co worker who rented a condo and there was a community pool and she used it.

Response by COL Charles Williams made Jul 4 at 2015 12:28 AM

2015-07-04T00:28:23-04:00

I say yes CSM Michael J. Uhlig, but I have not seen the lease. If they were told one thing by the realtor, and lease said otherwise, that could be an issue. But, if they are in fact paying for HOA dues, than they should have full access. Good news is I suspect the news coverage will prompt positive change.

Response by SGT Jeremiah B. made Jul 4 at 2015 3:14 AM

2015-07-04T03:14:40-04:00

If I rent a place with the understanding that I'll have access to the amenities only to discover that I don't....yeah, that's a problem and I'd consider breach of contract though what good that would do, I don't know.

Response by MAJ Robert (Bob) Petrarca made Jul 4 at 2015 7:38 AM

2015-07-04T07:38:32-04:00

From reading the article, it looks like the homeowner should have discussed the issue with the HOA before telling the renters they were entitled to pool use w/o the owner being there. HOAs establish fees and rules for a reason so I don't think denying the family access to the pool has anything to do with entitlement seeking. The HOA probably needs to have a clause in the agreement to address owners that sublease/sub rent so that things like this are clearly spelled out. If the renters want to be let out of the lease they should be if the owner mistook the HOA rules.

The use of "Military family" in the title of the article is IMHO a lame attempt at sensationalism because who the family is has nothing to do with the HOA rules.

Response by Cpl Jeff N. made Jul 4 at 2015 7:58 AM

2015-07-04T07:58:51-04:00

I don't care for the way the story pulls their military service into it. Their service has zero to do with the issue here, that is merely a ploy to create sympathy or a sense of unfairness. The HOA rules apply to everyone and are not singling out this family due to their service or perhaps former service as they both appear to be medically discharged.

It appears the owner and the leasing agent did not understand the HOA rules regarding pool use and consequently misled the family regarding common area use. I will say that is a pretty restrictive covenant but you see it more and more when HOA's want to reduce/limit the number of rented/leased properties in a community.

I think the leasing agent and homeowner need to resolve with the HOA or allow them out of their contract.

Response by SSG Private RallyPoint Member made Jul 4 at 2015 8:38 AM

2015-07-04T08:38:38-04:00

If the Landlord misrepresented the ability of the family to use the pool then they are at fault and should have to release them from their lease. If it was clearly stated in the lease that the family couldn't use the facilities then they should have to abide by the terms of the lease and move upon termination if they so choose. We serve for lots of reasons, one of them is not special treatment. I enjoy Military discounts that some people/places offer but I don't count on it. I patronize places that offer Military discounts more often and that's what the discount is designed to do, keep me coming back.

Response by SPC(P) Jay Heenan made Jul 4 at 2015 11:06 AM

2015-07-04T11:06:53-04:00

First off, I think HOA's are stupid. I would NEVER buy property or a home that had one. It reads as if the home owner thought that giving the family a lease and a pool key was okay. It is the failure of the homeowner and it sounds as if he is trying to make it right. Secondly, the only thing that I can think of with the whole 'cleaning feces out of the pool" would be that the renters have small children and makes an assumption that they will poo in the pool. This neighborhood probably doesn't have small children in it. It is a shame, but it doesn't sound like it has anything to do with being Veterans.