Access to Common Area

Our HOA owns a Common Area that is located under the electrical power lines easement We maintain a walking path for residents to walk and exercise. It is a large area and we prohibit use use of mortorized vehicles (golf carts, ATV, ect.) to preserve the landscape. The area is fenced, posted signs and a gate. The gate has
two padlocks (one belongs to the power company who has a key for them to enter and a second lock belongs to BOD to allow entry for occasional workmen. Our posted
signs say "No motorized vehicles without authorization. Several residents whose backyards are next to the Common Area have written permission to enter the gate
in order to get to their backyards (boat storage). The problem is a new residents has a problem with people crossing his property to get to the Common Area
(bypassing gate). He is cutting off our lock, thus opening the gate, and allowing public access to the Common Area. The gate is on the County owned right-of-way
but we must cross to get to our property. The HOA has maintained and controled the gate for 15 years. Does our new resident have the right to cut the lock
and open up the Common Area?

Al,

I am trying to picture the situation based on your description. Is this gate meant to allow foot traffic but to keep unauthorized vehicles out? Are the people cutting through the new owner's yard doing so in vehicles? Are they towing boats through this guy's yard? Are these people all HOA members?

From the new owner's standpoint, the HOA has created an attractive nuisance by creating an access point to a common area, then preventing access by locking the gate, while taking no steps to prevent bypassing the gate by trespassing.

The new owner did not create the problem and he has solved it at least temporarily. Instead of attacking the owner for defending his property against the nuisance created by the HOA, why can the HOA not install fences sufficient to prevent trespass or just leave the gate unlocked? Or give keys to those who use the gate to get their boats in and out?

Sounds like the new owner has done everyone a favor.

Many are classified as limited common areas. In that case, its an HOA common area, but its use is limited to that home owner. So while its maintained by the HOA, only that one owner has exclusive use of it. I know, it gets confusing.

The HOA board should alleviate the issue with the homeowner by allowing access other than walking over private property. The owner has a justifiable reason to be frustrated. The HOA is not a victim.

If its a limited common area, it makes total sense.

As usual, I have a different take on all this.

The OP described his association as an HOA rather than a condo, so I assume that each lot is fee simple where the home and ground it sits on belong to the owner. The "common area" is real estate owned and controlled by the HOA but is essentially unbuildable due to the power lines.

The OP described the common area as having walking paths and I assume that there is pedestrian access to this area for any resident who wishes to use it. I saw nothing in the original message to indicate that some or all owners are being kept out of the common area unless they wish to drive a vehicle into it. My interpretation of the locked gate is that it is a vehicular gate and the lock is intended to keep unauthorized vehicles out.

Since the OP mentioned that some owners store their boats in their backyards and that the board has allowed them to use this gate to get to their boats, I assume that those owners are entering the common areas in vehicles as I have seen few people attempt to move a boat trailer by hand. I also assume that it is the boat owners who are driving through the new owner's backyard to get around the gate.

The original message leaves out a lot of information, hence the assumptions. I do not fully understand the part about the county right-of-way but assume that there is a public road that ends at the edge of the common area and that the public road is adjacent to the new owner's property.