After unauthorized pool parties, one community beefs up security while lawmakers push for HOA reform

Residents from two different neighborhoods came to WRAL Investigates with complaints about unauthorized parties in their community spaces.

After we started asking questions about how their homeowner associations were working to get the parties under control, we learned at least one HOA implemented changes.

Residents at Trace at Olde Towne and Edge of Auburn told WRAL News they believed their HOAs have taken minimal action to address the parties.

“The HOA is almost non-existent. They exist whenever they collect the dues, but beyond that, I don't believe that they've taken the appropriate steps,” Edge of Auburn resident Juan Carlos Guadarrama previously said.

A spokesperson for Lennar, the builder of Edge of Auburn, said they have hired private security to patrol community amenities and are working with Garner Police to cite trespassers.

Guadarrama confirmed Monday that the pool now has a security guard and additional signage.

An HOA attorney, Harmony Taylor, said homeowners' associations have a responsibility to ensure everyone is abiding by the rules and regulations.

“When it comes to places like the pool or clubhouse, etc., there are almost always rules and regulations about who is allowed to use it, the hours, and behavior when they're there,” she said.

Trace at Olde Towne resident Zainab Alidina said the HOA there hired a new security team earlier this year. However, the parties have continued this summer.

“There's 100% a lot more that they need to do,” Alidina said. “I don't think they care beyond selling.”

Residents say they have requested higher fencing and more security cameras and a review of fob use in community spaces in order to identify if other residents are enabling the events.

WRAL Investigates obtained pool rules for both communities.

According to Olde Towne pool rules, up to two guests, accompanied by an adult resident, are allowed at the pool at once. The rules prohibit profanity and any potentially dangerous behavior.

The Edge of Auburn pool rules allow each household to have four guests and explicitly states consequences for violations.

“To assist in controlling unauthorized access to the pool, Edge of Auburn residents should be prepared to present identification (pool access card, driver’s license, etc.). Please do not allow entry to anyone without an access card. Privileges such as pool access are denied when dues are not current,” HOA documents read.

“With pool and other common area takeovers, [HOAs] tend to see numbers of individuals that exceed [their] safety capacity and put [them] at significant risk with local government if we don't remove it,” Taylor explained. “Law enforcement in those situations is very helpful. But they are, as I can understand, reluctant to remove individuals who might seem to have the right to be there in the first place.”

On the other hand, she said HOA enforcement rights can also be limited when there are violations.

“There's not a lot of immediate assistance that can be given if something is an ongoing emergency issue, other than contacting law enforcement. Because while someone may be breaking a rule, if they're an owner and have the right to use that property, they can only be deprived of that after some due process,” Taylor said.

Rep. Ya Liu, D-Wake County, proposed legislation in the past to implement more HOA oversight. She worked with Republican legislative leaders to create a new committee in the state House that suggested reforms in the 2023, 2024 and 2025 legislative sessions, although they faced opposition from industry groups and in the state Senate.

“We don't have an oversight entity in our state to regulate and to basically say who's right and who's wrong," she said in an interview. "Is the HOA overreaching? Are they doing too much? Are they not doing enough?”

Liu sat down with WRAL Investigates via Zoom to talk about the goal of HB444. As a former Cary town council member, she's familiar with the pros, cons and legal issues surrounding HOAs.

“We want to create … a place where HOAs and homeowners can get their own side of the stories heard and see how the process can be fair and the homeowners can get relief in an inexpensive way,” she said. “The only relief [residents] can get is from the court, which is very expensive, long process for homeowners to get relief.”

The bill, which Liu filed along with Rep. Frank Iler, R-Brunswick, would have tasked the NC Department of Justice with collecting complaint data and submit reports to the state legislature. The bill did not get past the House in the short session. It was one of several bills focused on HOAs and other housing issues lawmakers tried but failed to pass last year.

“It seems no one wants to deal with it because it's such a complex issue, and people just don't want to get into the middle of it," she said. "But the reality is, our state really needs it, and our residents are demanding it, and we have to do something to get this issue resolved."

Cautioning against any stricter rules is the Community Association Institute of North Carolina, a lobbying group for HOA board members and management companies. Industry representative Weldon Jones was the lone pro-HOA speaker during a 2024 meeting of the House Select Committee on Homeowners’ Associations. He said the Institute believes many of the problems people have with their HOAs can be fixed purely by educating residents and board members about existing rules and laws.

“We do feel very strongly that there are certain elements of homeowner disputes that can be resolved by better education for board members and homeowners,” he said. “These resources can take any number of ways to implement. We’re willing to work with the committee on a way to do that."

Liu said she plans to continue proposing HOA reform bills.

“We're not trying to take away their ability to run the HOA smoothly. We only want to make sure we find this balance between the residents and the HOAs,”  Liu said.