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The one remaining person on our deteriorated HOA Board, the Treasurer, has padlocked all 65 homeowners in our subdivision out of a common space park in our subdivision in which, according to the legal descriptions of our property, we all own an undivided interest. The park has a pond with our irrigation water in it. Some children were playing on the ice, and the Treasurer padlocked the gates, she says, to keep kids off the ice. Since we are part owners of the park, though, we aren’t trespassers. We’ve never abused the park and want to use and enjoy it. The park has never been locked off before at any time in the 9 years we’ve lived here, and no one has been injured in the park, so we’re not sure why there’s all the fuss now, except it seems to be a vindictive power trip on the part of the Treasurer.. I asked the Treasurer to provide us and other homeowners who would like to use the park with keys to the locks, so we can get in enjoy our common space as we have year ’round for almost a decade. She won’t do it. What is our recourse? The Articles of Incorporation say the Board is charged with protecting the property for the enjoyment of all the homeowners, the CC&Rs, say the Board can do what it wants with the common space as long as all homeowners are treated equally. But if one homeowner, the Treasurer, has the keys to the locks and no one else does, that would seem to violate the CC&Rs. The CC&Rs also say a homeowner can’t engage in a noxious or annoying activity, and locking all the rest of us out sure is a noxious and annoying activity. We’ve thought of sending a letter of intent to sue to the Treasurer and the HOA, and if they don’t respond to that, then suing the HOA and Treasurer in small claims court to get a ruling on our ability to access our common space. Your thoughts? 
We can help you! We represent homeowners against overreaching HOAs. Here your HOA may be attempting to protect itself but it also seems that it is acting unreasonably WRT allowing adults access. In order address your situation and facts we need to be able to have a back and forth conversation and review the HOA docs. The best way to accomplish that is to schedule a case assessment. You can schedule a case assessment 24/7 by calling 303-688-0944 or online at https://calendly.com/case-assessment/case-assessment. At your appointment, we'll meet by phone or video (Zoom), we'll discuss the facts, your concerns, desired results, rights, remedies, the law, the process, timeline, how we can help, costs, etc.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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