Get 2 months of free community web site hosting from Community123.com!
Friday, December 14, 2018
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Locking me out access to my own house?
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
BarbR
(Georgia)

Posts:9


09/26/2018 8:34 PM  
All of a sudden my gate access cards and sticker on my car won’t open the gate. Isn’t this illegal ? Who do I call if no help from management company? Lawyer ? Police? They claim I owe fines which notices of were never sent to me. I am not behind on hoa fees . What are my rights here? Please help.
TimB4
(Virginia)

Posts:16050


09/26/2018 8:55 PM  
Barb,

Check with a local attorney to find out your legal rights.

Typically, providing there is another way to access your home (visitors gate, etc.) then the Association may cancel gate access.

See:Georgia Property Owners’ Association Act

§ 44-3-223. Compliance with association instrument and rules and regulations; enforcement
Every lot owner and all those entitled to occupy a lot shall comply with all lawful provisions of the property owners' association instrument. In addition, any lot owner and all those entitled to occupy a lot shall comply with any reasonable rules or regulations adopted by the association pursuant to the instrument which have been provided to the lot owners and with the lawful provisions of the bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved lot owners on their own behalf or as a class action. If and to the extent provided in the instrument, the association shall be empowered to impose and assess
fines and suspend temporarily voting rights and the right of use of certain of the common areas and services paid for as a common expense in order to enforce such compliance; provided, however, that no such suspension shall deny any lot owner or occupants access to the lot owned or occupied.
GenoS
(Florida)

Posts:2525


09/26/2018 9:04 PM  
Hi, Barb. If you were in Florida the HOA wouldn't be able to deny you access to your home and parking. That would be a civil matter, of course, and I don't think the police could be counted on to help you.

As Tim said, it's the same in FL. They can cut off access through the main gate if there's another way into the community that's open to you.
MelissaP1
(Alabama)

Posts:7767


09/27/2018 4:27 AM  
Is this your primary residence? What would the fines have been for? Is there another entrance to the community? The police can't do anything. You would call the HOA board to address the fines. They should have given you notice to come to a meeting to address the fines. My question is could you have gotten these notices and tossed them out? Were you expecting if they gave you fines they came in certified mail or some specified address? You could have misread the envelope.

Former HOA President
KerryL1
(California)

Posts:5957


09/27/2018 1:47 PM  
In CA, if there's some other access to your home, the gate access can be denied to us.
JohnC46
(South Carolina)

Posts:7871


09/27/2018 5:56 PM  
A BOD cannot deny access to one's home. That said, they can make it difficult like voiding automatic gate passes and making the owner enter a different, more cumbersome way.
BarbR
(Georgia)

Posts:9


09/27/2018 9:04 PM  
I’m in Georgia. They claim it was because I owed hoa feee (which isn’t due til oct 1) and fines for parking my car too close to sidewalk(it’s dtill in my driveway). I got NO notices. They did after I told them give me access through the gate. I have got to sell this house. These “people” have nothing else to do. Anyone owing over $1500 will be locked out of the gate. I Am no where near that. Some people haven’t paid hoa fees in years.
GeorgeS21
(Florida)

Posts:811


09/28/2018 3:43 PM  
Sounds like there is a LOT more to this situation.
MelissaP1
(Alabama)

Posts:7767


09/28/2018 6:17 PM  
I remember we had a poster who complained about people parking their cars too close to the sidewalk. They were handicapped and it forced them to go out into the road or yard. Making it hard for them to get around. So you may not think that it's a big deal having your car parked across/near a sidewalk. It is to someone who can't get around it due to physical reasons. I can see a HOA fining someone for crossing the sidewalk/driveway line.

Former HOA President
BarbR
(Georgia)

Posts:9


09/28/2018 8:59 PM  
That ‘s the issue. It wasn’t on the driveway... I did move it. So nonfactor now. I will say I will NEVER buy into an hoa again. This is my first and last time.
RoyalpitA


Posts:0


09/29/2018 6:29 AM  
? What would you do if the POLICE ticketed your vehicle for obstructing the sidewalk ?

? Would you ignore the summons or simply pay the fine ?

GeorgeS21
(Florida)

Posts:811


09/29/2018 11:05 AM  
Barb,

Don't know about you particular HOA - but, I do know the only way I would EVER buy is with a strong (not Nazi) HOA that protects my property value and helps me control my standards and quality of life.
GenoS
(Florida)

Posts:2525


09/29/2018 11:53 AM  
Posted By GeorgeS21 on 09/29/2018 11:05 AM
I do know the only way I would EVER buy is with a strong (not Nazi) HOA that protects my property value and helps me control my standards and quality of life.

Aye there's the rub. That's a fine line to walk. Strong but not over-the-top tyrannical. The ever-changing makeup of boards of directors are also cause for concern because no one can predict the 3 new owners who are monsters that will be moving in next year and on the board the year after that. It's always going to be a crapshoot. You can have a good board this year but only time will tell what it's like 5 years down the road.
GeorgeS21
(Florida)

Posts:811


09/29/2018 4:49 PM  
We probably would all agree on one thing - if the owners all read and understood their CCRs and Bylaws and PARTICIPATED in their HOA there would be zero opportunity for nazis act alikes to take over.

As we all know, apathy is what makes over the top behavior possible.
BarbR
(Georgia)

Posts:9


09/29/2018 9:30 PM  
That’s the thing they change the “rules” as they go along.
RoyalpitA


Posts:0


09/30/2018 6:43 AM  
if you believe that 'they' are violating YOUR covenant(s) feel free to take appropriate action:


recall the BOD as per YOUR bylaws

or

pay up and live peacefully

or

start the legal process by sending a 'demand letter'

or

move

AND, next time

CAVEAT EMPTOR
RoyalpitA


Posts:0


09/30/2018 3:02 PM  
..... If and to the extent provided in the instrument, the association shall be empowered to impose and assess fines and suspend temporarily voting rights and the right of use of certain of the common areas and services paid for as a common expense in order to enforce such compliance; provided, however, that no such suspension shall deny any lot owner or occupants access to the lot owned or occupied. .....


As usual TimB 'nailed it'.

There is no requirement for access to be CONVENIENT.

The 'remote' operates a commonly funded amenity.

You have NOT funded same.

You WILL be inconvenienced as a result.

Rightly so.
BarbR
(Georgia)

Posts:9


09/30/2018 3:14 PM  
Like I said my badddd I made a mistake by buying into an hoa that changed rules as they see fit. Lucky got me I bought in 2009 when no one was buying so I have around $$100,000 in equity in my home. I am putting it up for sale after I fix a few things. 🤣🤣🤣😂😂😂😂😜😜😜. Thanks guys ✌️😏
RoyalpitA


Posts:0


09/30/2018 4:06 PM  
They probably STARTED enforcing EXISTING rules.

in any event,

Best of Luck
GeorgeS21
(Florida)

Posts:811


09/30/2018 4:59 PM  
As I noted on the 28th ...

Sounds like there is a LOT more to this situation.

Have a few like you in my HOAs. They all wish they were somewhere without rules, as well. But, then they think think about the how much their investment has been protected ... then they let slip something like you just did.
JohnC46
(South Carolina)

Posts:7871


09/30/2018 5:24 PM  
Barb

You say they locked you out of your house. Is this not a bit of an exaggeration? Can you still get to your house even if not the usual/efficient way?
BarbR
(Georgia)

Posts:9


09/30/2018 6:03 PM  
Ms royal pit not sure how you think you know this in MY hoa but 👌.
BarbR
(Georgia)

Posts:9


09/30/2018 6:07 PM  
Mr George easy to judge behind a computer screen but ok honey. I got my answer thanks! And I’d like to thank the hoa for helping me with my equity. Most of them bought when it was a bad market and are now upside down or have no equity because of second mortgages. Too bad for them and good for me!!!! 🙌😘😘😘😘
BarbR
(Georgia)

Posts:9


09/30/2018 6:08 PM  
Mr John read above. I’ve already addressed your question. Thanks !!
BarbR
(Georgia)

Posts:9


09/30/2018 6:10 PM  
Notifications turned off! Thanks peace out!!!
GeorgeS21
(Florida)

Posts:811


09/30/2018 7:14 PM  
Yep, as expected.
RoyalpitA


Posts:0


09/30/2018 7:21 PM  
from the OP:

..... Anyone owing over $1500 will be locked out of the gate. .....




the OP's complaint is being locked out of the gate

ergo

the HOA believes the OP is in arrears for at least $1500

however

WE will NEVER know the accurate 'story'

so

let the jabberwocky continue

Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Locking me out access to my own house?



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement