President’s Message: HOA Authority to Implement Stay at Home Order

Kim Fuller

Good evening residents:

I have been getting questions about what authority the HOA has to enforce the Governor’s order about Stay at Home, and by what authority the HOA can require residents not to have visitors/gatherings/parties of any size on their private property.

I might first ask why would anyone think a party or gathering on your property is more important than a person’s life? I will answer the questions, but it seems to me some people are not asking the right question or at least have their priorities a little mixed up. If a gathering/party puts neighbors at risk, possibly leading to death, why would anyone want to participate in causing that outcome. There is a reason the Governor placed the stay at home order into effect.

So, let’s go through the Governor’s order first to answer these questions.

  1. On March 19, the Governor of California issued Executive Order N-33-20, ordering all individuals living in the State of California to stay home or at their place of residence.
  2. The Governor’s order states that “Under the “stay at home” Executive Order you cannot host or attend any gatherings”.
  3. The Governor’s order answers this question: Can I leave home to visit friends or family members if there is no urgent need or I am not performing an essential activity? No. For your safety as well as their safety, we need to help each other fight the spread of COVID-19 by staying at home.
  4. The Governor’s order answers this question: What happens if I don’t comply with the Executive Order or the Orders of the Health Officer? These Orders are legally enforceable under California law. It is a crime to violate the Orders, and you may be punished by a fine or imprisonment for doing so.

Given these facts we now look at our own Governing Documents, the CC&R’s:

Section 8.6 Prohibition of Noxious Activities. No illegal, noxious, or offensive activities shall be carried out or conducted upon any Lot or Common Area, nor shall anything be done within the Development that is or could become an unreasonable annoyance or nuisance to neighboring property Owners. Without limiting the foregoing, this includes:

Since our CC&R’s don’t allow for any resident to participate in illegal activities, even on private property, and since violating the Governor’s order would be a crime, the HOA has jurisdiction to enforce the Governor’s order by citing and fining any resident for violating the Governor’s order even on private property.

I hope this answers the question of the HOA authority for citing gatherings/parties on private property.

I think now we should turn to the real question, “isn’t saving people’s lives more important than any gathering in any location?” When people’s lives are at stake, any person to think your personal privilege should override the safety of all residents needs to reexamine their morality for our fellow human beings.

Let’s take a moment and be thankful we are here, in such a beautiful place, knowing we will persevere.

Stay safe and I will be back to you soon

Thank you.

Kim Fuller