With respect to delinquent accounts, courts have recognized that homeowners associations may restrict delinquent members from using common area facilities. Provided due process is followed, associations may suspend an owner's common area privileges. The privileges suspended will vary from association to association. In addition to an owner's right to vote, the following privileges may be suspended:

Cable TV. If an association has a bulk contract with the cable company, those services can be suspended.

Laundry. If laundry machines are paid through owners' dues, the service can be suspended. If they are coin operated, it cannot.

Elevators. Associations cannot suspend elevator service. Elevators have been classified in landlord-tenant law as a utility that cannot be suspended. Moreover, if an elderly or medically challenged owner or guest is forced to walk up stairwells and has a heart attack, the association will likely be sued.

Main Lobbies. Associations cannot bar owners and guests from walking through the lobby. Owners have the right of ingress and egress. Except as provided by an order of the court, associations may not deny owners or occupants access to their separate interests by restricting access through the common areas. Civil Code §1361.5.

Recreational Facilities. Use of the recreational facilities such as the pool, gym, tennis courts, etc. may be suspended.Clubhouse. Use of the clubhouse for functions unrelated to association elections can be suspended.

Parking. Associations that provide valet parking (mostly highrise associations) can suspend those privileges to delinquent owners and their family and guests. Guest parking can also be suspended.

Utilities. The courts treat associations as landlords when it comes to utilities. Under landlord-tenant law, landlords may not interfere with or terminate utility services (gas, electricity, heat, etc.).

Miscellaneous. Receiving and sending calls through the association's switchboard (mostly highrise associations) can be suspended as well as signing for packages and deliveries (mostly associations with onsite staffing). The announcement of guests can be suspended (mostly gated communities and highrises), i.e. guests can be turned away and told to contact the owner and have him/her meet the guest at the front gate or building entrance.

Impact of Suspension. If there are multiple owners of a unit/lot, the suspension of rights/privileges for one owner suspends the rights/privileges of all residents of that unit/lot.

RECOMMENDATION: Boards should check with their association's legal counsel to make sure they have proper procedures in place for suspending privileges.