HOA Won't Give Gate Code To Owners

Wendy,

Your asking a legal question.
For legal questions you should ask your attorney.

However, I do have some options you may consider if you disagree with the policy the Board adopted:

1) insist on is for the Board to assign a number people can call if the remote dies and they need to get in (i.e. one of the board members or directors).

2) Davis-Stirling allows members to overturn a policy adopted by the board. Click the link to see the procedures.

3) Volunteer to be a contact for people to call if the remote dies. This way you will have the code and will be able to provide a solution to the Board of who that person should be if you try option 1.

4) Gather like minded members together and get yourself and others elected to the Board. This way you may be part of the decision process and, if you enough are voted onto the board, change the policy.

Hope these options help

I'm pretty sure that the Board cannot deny entrance/exit to homeowners. Go to the main menu at davis-stirling.com to check.

Wendy,

It sounds like you wanted to live in a gated community in the worst way and that's just what you got.

The developer installed a bottom-of-the-line system where all users have one code. That's why no one knows for sure who was using "the code" to operate the gate. I'll bet that all your remotes operate on the same frequency, too. It's pretty much a given that there is no information collected or stored in the system.

If your board's best and final solution to the problem is to lock everyone out, it's doubtful that they have bothered to look for a better system. They just do not sound any too bright.

There are plenty of gate control hardware and software packages on the market. Nearly all systems will require a PC and the first objection I always hear is, "We don't have any place to put a computer." Well, duh! Find a place or build a place. The computer does not have to be physically located at the gate but will require some wiring to connect the two together.

The software allows the association to assign a discrete code to each user. It can also be programmed to prevent someone entering with the UPS driver's code at 2 AM.

As Peter mentioned, RFID can be used in place of garage door opener remotes. They require no batteries and each user can have his own discrete code. Just like punching a set of numbers into a keypad, the software can determine who to admit when and keep a record of it in case there is a future problem.

In the meantime, stock up on batteries for your remote and keep them in your car. If you know the battery is dying, pop in a fresh one.

I would doubt that concerns of equipment reliability equate to being denied access. (That would be a good arguement to pursue rather that stating you have been denied access.)

I personally have never had my gate remote malfunction, nor my garage door remote for that matter, but I do agree it could happen. But then again lots of things can fail on a gate system.

I addressed the possibility of failure with adding redundancy to the methods of gate activation as we have.

I have a neighbor with lives alone and has no 'land line' phone in her residence. Her solution is simple, put your cell phone number as your contact and simply let youself in that way if need be.

I will state again that uncontrolled code distribution makes the gates moot.
(Yes rotating codes could address this.)

The OP must work within the system and laws to change the BODs position.

Has everyone has noticed that the original poster has never replied to any of the suggestions, opinions and comments?

I haven't disappeared and appreciate all your responses. I did email our management company and they insist that they are within their right and that this is actually "quite common" within HOA's.

Our community is relatively new, built in 2007. For the record I was the first President of the HOA because I wanted to have a voice from the beginning. We live in a very difficult community. A lot of complaining but like most of you know, no one wants to accept responsibility and step up. We had a big issue when I was president with people illegally parking gars in front of their garages, on the streets, etc. I tried to enforce the rules by giving warnings, call tow trucks, etc. because owners were complaining and my reward for that was having one crazy homeowner literally try to run me down with his car (yes I filed with police) and a mob squad showed up at my house one night when I called a tow truck. So, no, I won't be getting on that HOA board again anytime soon!

I am planning on putting in a call to Davis-Stirling but haven't found anything on their site other than the ingress/egress language. Technically if we have remotes, we have access, but as discussed, what if it doesn't work? Technology isn't full proof and there should be a backup method in my opinion.

I work full time and have two school age kids so can't always be on but am very grateful for your help.