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

UPDATED: Aug 3, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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