Get 2 months of free community web site hosting from Community123.com!
Thursday, November 15, 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: access gate restriction
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
LaskaS
(Texas)

Posts:68


10/27/2018 6:36 PM  
hi,

I have a question, I have done a ton of research and have found conflicting information.

Our condominium deed, documents clearly outline that our property has two swimming pools, two laundry facilities and two entrance/exits

At some point over the past 20 years one a remote control access gate was installed on the "back" gate.. owners that wanted to use it had to purchase a 25 dollar remote.

Its my understanding that common elements as outlined in our deed can not be removed, changed, etc. without an owner vote.

The back gate was locked with a chain to prevent access and exit right after hurricane harvey.
months went by and I inquired, I was told that contractors were all over the property (rebuilding).. and having the back gate functional was a security risk.

I objected. stating that the access gate only operates by remote. owned by owners. (this was back in january)...
It's now 10 months later.. With the old incompetent board in the process of being removed. I finally convinced the property manager to take the chain off and allow owners to once again use the back access gate to come and go (if they have a remote).

I know this seems like a silly issue, but having to drive all the way around to come and go,,(i calculated) adds 3 hours to my monthly commute.
now some owners who don't even live on this side of the property are saying they want the gate rechained.. they are claiming that because not all the downstairs units are rebuilt yet, there have been attempted break ins.. (i don't see how that has anything to do with the gate) anyway,

My question is,, isn't denying access to a common element that is clearly outlined in our deed a decision that can only be made by taking a board vote.??

It is simply ridiculous that owners that don't even use the gate and aren't even inconvenienced are complaining. help!
LetA
(Nevada)

Posts:526


10/27/2018 9:59 PM  
Quite honestly I would leave the gate chained up until the property is whole again. If break-ins occur more frequently when the gate is unchained compared to when it is chained, then I would leave it chained until all construction is complete. This has nothing to do with denying access. Besides there is another available access to the property. I would think the unit owners don't want there unit looted or construction materials pilfered.
JenniferG11
(Texas)

Posts:492


10/27/2018 10:17 PM  
"My question is,, isn't denying access to a common element that is clearly outlined in our deed a decision that can only be made by taking a board vote.??"

A board vote or a member vote? Members do not have to agree, no. Were I on the board I would say yes to that proposal. Common sense.
GeorgeS21
(Florida)

Posts:750


10/27/2018 11:31 PM  
I think the rebuilding circumstances may be driving your scenario, but even without that component, I think the board could make that level decision - until the owners rise up to complain and recall the board.

Frankly, if the gates cannot be forced open, and there has been no proof of break ins through the electronic lock gate, I don’t understand why it needs to chained.
LaskaS
(Texas)

Posts:68


10/30/2018 9:00 PM  
george, yes,,that's my view.

I think that it's the same people who think that a speck of mold means they have to tear down their houses... noone seems to actually look at the facts anymore..


anyway... I'm not going to push the issue. The gate is currently unlocked(although owners do need a remote to come and go) .. we are having a recall of the board vote in 9 days.. and by then it should be a moot point..

Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > access gate restriction



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