Should an HOA be Regulating “Adult” Activities?

Many of you may have read or heard the news story about certain ‘adult’ activities occurring in a single family home located in a homeowners association in Castle Rock.  However, should the homeowners association become involved?

Typically, it is not the role of a homeowners association to attempt to regulate private behavior unless it affects the health or safety of other residents in a community or constitutes a nuisance.  While some residents in the community may be concerned about the particular activities occurring inside of the home , the real question here in my mind is whether the overflow parking and/or noise from numerous visitors coming in and out of the home at late hours of the night present a nuisance that should be addressed by the association. As a first resort, an association with complaining residents in a comparable situation should first notify the city or county as there are often municipal ordinances that address noise and, sometimes, traffic issues.  If the homeowner in question is having guests unlawfully park on the streets of the community (depends on the rules in place and whether the streets are public or private), then that would be an example of how the association should intervene to compel compliance with its covenants.

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