The Moonridge Falls subdivision HOA in Grand Junction suddenly locked homeowners out of their own common space this winter, nominally for safety, even though no accidents had occurred in the park and no one has ever been hurt there. The HOA effectively treated all homeowners as though they were trespassers in their own common space. Across the state, subdivisions that lock off commonly-owned amenities, like swimming pools or tennis courts — whether for safety or to eliminate vandalism — provide all homeowners keys to the locks on the amenities because the homeowners own the amenities and pay the substantial costs of maintaining them.
Homeowners in the Moonridge Falls subdivision in Grand Junction woke up last December 21 to find their homeowners association (HOA) had suddenly locked them out of their own common space park.
Residents couldn’t remember a time when the gates to the park had ever been locked. No one had been hurt in the park. No accidents had occurred in the park recently, not even a close call, but for some reason the HOA suddenly decided to lock the park and keep everyone out, even homeowners, as though it was a crime scene or a grave emergency had just occurred. The HOA put up a sign saying the park would stay locked as long as there was ice on the pond. Yet long after the ice had melted, the locks remained, leading residents o wonder what was really up, and what they could do about it.
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The U.S. 10th Circuit Court of Appeals 
