A homeowners’ association may charge fees for the use of recreational facilities and refuse access without payment, provided the charge applies equally to all owners and is not specifically prohibited by the governing documents. Such fees can be initiated and adjusted by the board unless the governing documents specifically require an owner vote.
The association may also temporarily suspend an owner’s recreational facilities usage privileges as discipline for a violation of the governing documents. This type of discipline is permitted only if: (i) the governing documents do not specifically prohibit it, (ii) the board has adopted the discipline policy in advance, (iii) notice of the policy has been provided to all the owners in advance, and (iv) the violating owner is given notice of the violation and the opportunity to request a board hearing before the recreational facilities usage privileges are removed.
