We recently had a situation where a subcontractor hired by Homeowner X did things that were inappropriate in our community. For example, they searched-out and went to a non-involved neighbor homeowner “Y” and generally was a bully to her, disrupting her welfare and right to peaceful enjoyment of her property. Mrs Y was attacked because she was a member of the ARC and this subcontractor did not agree with the ARC process and he wanted to let her know and feel his rage. This subcontractor has done other things that are violations of our CCRs, but those violation notices get pushed to the homeowner that hired the subcontractor.
We have a CCR that says “in the event … , activities, … are deemed by the Board to be a nuisance or to adversely affect the … welfare of Owners and Residents, the Architectural Committee may make rules restricting or regulating their presence on the Lot or Tract …”
So, if the Board deems the subcontractors activities were a nuissance and/or adversely affected the welfare of a Resident, can the ARC make a rule to restrict or regulate that subcontractor in the future in our private, gated community? For example, denying approval of future submittals that use this subcontractor, or prohibiting this subcontractor’s presence in our private, gated community?