How does an HOA board stop trespassers from using the pool or clubhouse?

By OurHOA · General information · Revised September 29, 2026

How an HOA board handles non-residents using the pool or clubhouse: trespass signs that count as notice, written warnings, police calls and fixing access gaps.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

Confirm the people really are outsiders, then give them notice in a form your state's trespass law recognizes. That means a posted sign or a locked fence, and a spoken or written warning from someone the board has authorized. After notice, a return visit is a police matter, and the board's job is to have the paperwork ready when an officer asks for it. At the same time, find out how they got in, because most repeat trespassers use a leaked gate code or a fob that should have been shut off years ago. Nobody on the board or pool committee should grab, block or physically remove anyone. This guide covers Texas, Florida and Colorado. Trespass law, notice rules and your own governing documents vary, so treat it as general education and run your sign wording and warning letter past the association's attorney.

Confirm who they are first

A good share of the 'strangers' at an HOA pool turn out to have a right to be there. A tenant whose owner never sent the lease paperwork. A buyer who closed last week and has no fob yet. A grandchild visiting for the summer with a resident's permission. Accuse one of them of trespassing and the board has a complaint to deal with instead of a solution. The volunteer on duty should ask one friendly question, the same way every time: 'Hi, I don't think we've met. Which home are you with?' If the answer names a lot, check it against the owner roll and any lease records later, not at the gate. Ask everyone, not only people who look unfamiliar to you. Stopping some visitors and waving others through is how a pool dispute becomes a fair housing complaint, and our guide on whether an HOA can ban someone from the community or common areas explains where those limits sit for owners, tenants and guests.

Post notice that counts under your state's law

Texas. Penal Code section 30.05 makes it criminal trespass to enter or stay on another's property after having notice that entry was forbidden, or after being told to leave. Notice includes an oral or written message from the owner or someone with apparent authority to act for it, fencing obviously designed to keep intruders out, and a sign at the property or its entrance that is 'reasonably likely to come to the attention of intruders' and says entry is forbidden. The base offense is a Class B misdemeanor. Florida. Section 810.09 covers trespass on property other than a structure, such as a pool deck, and requires notice by actual communication or by posting, fencing or cultivation as section 810.011 defines them. Fenced land under 810.011(7) is land enclosed by a fence of substantial construction at least 3 feet high. Posted land under 810.011(5)(a) needs signs reading 'No Trespassing' in letters at least 2 inches high, with the name of the owner, lessee or occupant. The clubhouse is a structure, and section 810.08 covers anyone who enters without authorization or refuses to leave after a warning from the owner or a person the owner authorized. Colorado. CRS 18-4-503(1) makes it second degree criminal trespass to unlawfully enter premises that are fenced or enclosed to exclude intruders, or to knowingly and unlawfully enter the common areas of a condominium. Both are petty offenses. A sign that works in all three states: 'Private property of Oak Hollow Homeowners Association. NO TRESPASSING. Pool and clubhouse for residents and their accompanied guests only.' Put one on every gate and clubhouse door, in 2-inch letters for Florida.

Authorize who speaks for the association

A spoken warning only counts if it comes from the owner or someone acting for it, so decide at a board meeting who that is. Sample motion: 'Moved, that the president, the vice president and the pool committee chair are authorized to act for the association in telling unauthorized persons to leave the common area, in signing written trespass warnings, and in signing any trespass authorization form the local police department requires.' Record the vote in the minutes. Then call the police non-emergency line and ask whether the department keeps a trespass authorization or agent letter on file for private property, how long it stays valid, and what it needs from you, such as the legal owner's name from the deed and a 24-hour contact. File the completed form with the minutes. A written warning to a known repeat visitor should name the person or describe them, list the areas they may not enter, give the date and cite the section of the declaration that gives the association control of the common area. Deliver it in a way you can prove, and keep a copy.

When to call the police, and what to tell them

Call 911 for anything involving a fight, a weapon, or a person in trouble in the water. For a trespasser who is only swimming, use the non-emergency line. Do not argue at the gate, and do not lock anyone in or out to force the issue. Tell the dispatcher four things: the association owns the property and you are its authorized agent, the entrances are posted, the person was told to leave or received a written warning on a specific date, and whether the person is still there. Police enforce the trespass statute. They do not enforce your pool rules, so the facts that matter to an officer are notice and authority, not the guest limit in the rules. Afterward, write down what happened while it is fresh. Our guide on setting up HOA common area security cameras covers placement and retention rules that help when an officer or prosecutor asks for footage.

Close the gap that let them in

Most trespassers at an HOA pool did not climb the fence. They used a keypad code that has been shared in a neighborhood group since 2021, a fob a former tenant kept, or a gate that stopped latching. Walk the fence line and test every gate: it should close and latch on its own from any open position. Change shared codes after any trespass incident and on a set schedule. Pull the list of active fobs and compare it to the owner roll, and shut off devices tied to lots that sold or leases that ended. If the access system logs entries, check which device opened the gate at the time of the incident, and you may find the leak in five minutes. Our guide on HOA amenity key fob and gate code policy covers the register, code changes and deactivation steps in detail.

A sample response timeline

Day 0: trespassers reported. The board member or authorized volunteer on duty asks the one question, and if they are outsiders, tells them to leave and notes the time and description. Days 1 to 3: change the gate code, check the entry log and test every gate latch. Within 2 weeks: post compliant signs at each entrance and send owners a short notice. Sample: 'We have had non-residents using the pool after hours. The gate code changed on June 12. Please do not share it outside your household, and bring guests with you. If you see someone you do not recognize, do not confront them. Call a board member or the police non-emergency line at 555-0100.' Next board meeting: adopt the authorization motion and file the police form. For any identified repeat visitor: send a written warning. Thirty days out: review the incident log and decide whether the problem stopped or needs cameras, a later closing time or a different lock.

Mistakes that make it worse

Treating an owner or tenant as a trespasser. Barring someone with use rights is a suspension, and Texas section 209.006 and Florida section 720.305 require notice and a hearing opportunity first. Handing a volunteer the job of physically removing people, which invites an injury claim against the association and the volunteer. Posting photos of suspected trespassers in a community group, which goes badly when the photo turns out to be a resident's nephew. Signs that say only 'Residents only' in small print, which may not meet Florida's letter-height rule. Changing the code and announcing the new one on a sign at the gate. Warning one group of teenagers while ignoring another. Every one of these is avoided by the same habit: ask the same question of everyone, give notice the statute recognizes, write it down, and let the police do the enforcing.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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