Every October, a version of the same question lands in board inboxes across the Carolinas: can we keep kids from outside the neighborhood off our streets?

Moneywise took it up recently in "My HOA wants to ban trick-or-treaters from outside the neighborhood. Is this even legal?" The short version: public streets are not the association's to close, and a resident's guests are still guests.

If the streets are public, the association does not own them. Attorneys quoted in the above article said an HOA has no more power over a public sidewalk than any one homeowner does. A child from the next subdivision generally has the same right to that sidewalk as a child on the block.

According to the above article, if the roads are private and treated as common area, the board may adopt reasonable rules about guest access. "Reasonable" is the word that matters. A blanket ban on outside trick-or-treaters is debatable, and one attorney noted it could discriminate against families with children.

There is a second limit. The homeowner in the story wanted his sister's kids to come over. Owners generally have the right to have guests, and guests generally have the right to use the roads to reach the house. On private streets, a board may have more say over uninvited visitors. It is very unlikely to be able to tell a resident they cannot have family over for candy.

Enforcement is the last practical point. Board volunteers are not law enforcement; they generally cannot stop someone on a street or demand identification. A notice that says "locals only" is not a rule the association can carry out.

For a board, the lighter path is usually the better one. Publish the hours. Ask owners to keep driveways and fire lanes clear. If the streets are public, say so, and do not pretend otherwise.

At AMG, we are not attorneys, and your documents and applicable laws decide the details. If a Halloween rule is already in the draft packet, read it against the declaration, and let the association's attorney see anything touching access or guests, before it goes out.

If you're an AMG client, start with your community manager. If not, our client services team at www.amgworld.com can point you toward helpful resources, whether or not that leads to working with us.

This article is general education. It is not legal advice.