Can HOA disable Garage Openers for owners who violate rules?

Started by JohnS69 • 8 replies • 1375 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JohnS69 (California)
Posts: 4

Posted:

Los Angeles condo building recently got new keys and garage gate openers.
The HOA can remotely disable any garage opener.

Is the HOA President legally allowed to disable the garage openers of rule breakers?
If a rule breaker orders an extra set of keys, can the HOA President deny the request?

RichardP13 (California)
Posts: 1,767

Posted:

You can deny access to common area amenities, but UNDER NO CIRCUMSTANCE is the association allowed to deny an owner or tenant access to their residence.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By RichardP13 on 11/26/2013 7:51 PM
You can deny access to common area amenities, but UNDER NO CIRCUMSTANCE is the association allowed to deny an owner or tenant access to their residence.

This is my belief also.

Now let us assume the parking is a deeded spot versus a "common area amenity". In this case, I would say access to the parking spot cannot be denied.

RichardP13 (California)
Posts: 1,767

Posted:

John

You are right, if the parking space is deeded, access cannot be denied, but if not, then parking outside their unit, in a parking space on common area, can and IMHO, should be denied.

CarolR11 (Colorado)
Posts: 2,563

Posted:

I'm in complete agreement with Richard in Cali. I cannot speak for other states.

KevinK7 (Florida)
Posts: 1,343

Posted:

If the spot is deeded I would think you cannot deny access. Now if it is a limited access common property or exclusive use and their is no alternative, such as street parking, I would think that any such restriction would not be allowed. And by street parking I don't mean two blocks down and three over. An undue hindrance on ingress could be cause for a costly legal battle, and regardless of which party would be the victor, the rest of the membership would be losers.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Is the HOA President legally allowed to disable the garage openers of rule breakers?

Depends... do you rent the spots from the association? Or do you own spot #39 and its on your deed.

Illegal or not, the president can make it very painful for you and your only remedy maybe hiring a lawyer and going to court. An expense most people wont do. So basically its easier to follow the rules than to fight him. You could form a group and split the expense if the rules are unjustified.

Quote:

If a rule breaker orders an extra set of keys, can the HOA President deny the request?

Sure. Might be a technical issue, might be a policy reason. If your only allowed one car, I would deny you an extra set too.

LarryB13 (Arizona)
Posts: 4,099

Posted:

JohnS69,

Davis-Sterling.com describes the hearing requirements that must be met before any action is taken against a member. While I do not always agree with their conclusions, they indicate that the member must be given notice and an opportunity for a hearing before the board (and not just the president) may impose a fine or suspend privileges.

Based on that, I think the answer is that the president cannot lawfully disable a garage opener until all the due process requirements have been met.

CarolR11 (Colorado)
Posts: 2,563

Posted:

With others, no one can deny access to the deeded property of an owner in CA. Our underground parking spaces, for example, are each deeded to condo units even though they are exclusive use common areas.

Similarly, we may not disable an owner's fob so that he's unable to use the elevator to get to his condo unit.

It doesn't matter if due process is followed, we may not deny access to the owner. Our underground Visitor Parking spaces, on the other hand are common area. We can and have denied owners' guests access to those space after following due process.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here