Harassment by HOA

Started by LawrenceL • 4 replies • 3042 views

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LawrenceL (Florida)
Posts: 1

Posted:

I live in a gated community and can not afford to pay my association dues.The HOA has cut off my transponders which allow me access to my home. Every time I enter I must show my drivers license and the guard takes down my license plate number down even if I come through multiple times in the same day. The guards know me by name and vehicle. When I asked the guards why I am being harassed they tell me the HOA told them even if they know me not let me go through without showing my ID and taking down my license number. I am on a particular list. I thought the reason for showing a drivers license is to identify the vehicle and person. My question is does the HOA have a legal right to harass me from entering my home?

BrianB (California)
Posts: 2,820

Posted:

No, the HOA doesn't have the right to harass you.

However, they do have the right to make reasonable rules and procedures for employees of the association to follow, and honestly, having my security guard check the ID of everyone, take down licenses, etc. seems reasonable. It's no worse than what guards in workplaces do, even when employees they know forget their badges. I knew my security people, worked with them every day, had meetings, attended drills, etc.. and yet, when i would forget my badge, i signed in, showed ID, even though I knew Diane and she knew me. It's the rules, and they rules are reasonable, and there for a purpose.

So, making someone show their ID, and copying down the license plate of vehicle entering the gated association seems reasonable. Should that not be done, the security company and the HOA could be held liable for damages, should someone "the guard recognized" come in and commit a crime, and there was no record of his entry, license, ID check, etc..

Of course, there is one way to avoid this situation. You could pay your dues.

RogerB (Colorado)
Posts: 5,067

Posted:

I think it uncalled for when an owner who has been asked to correct an HOA Covenant Violation to consider it harassment. Upon the purchase of property in a Covenant controlled community the buyer signs a legal document agreeing to comply with the Covenants. Associations, through their Board of Directors, have the duty to use all means allowed by the Covenants to correct violations. This includes owners who are delinquent in payment of their assessments. So Lawrence I suggest you pay up before it becomes more inconvenient and very costly for you.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

if one can't afford to live where one is located, one needs to sell out and move on down the road

an HOA is not a charity

(if one is 'underwater' ... tough luck ... make better choices next time)

ps. if your home cost more than 2.5 X your NET annual income you made a very very poor decision to purchase what you could not afford to maintain/keep
... while this may be unpleasant to hear, it is so nonetheless

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

The guard is in charge of monitoring people who do not have transponders and filling out paperwork on those people. You seem to be treated as one of those people so I dont see any grounds for harassment. You are not being treated any differently than any other non-paying resident.

If the guard is not there 24/7 you could bring the HOA to court for removing use of your transponder which could be seen as locking you out of your house. Which is not legal.

But.... since you cannot afford your dues, you likely cannot afford legal help. If your not paying your dues, its likely you will not be living there much longer, so the gate issue will not be a problem anymore.

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