MASTER ASSOC.CHARGING YEARLY FEE FOR BARCODE RENEWAL

Happy New Year to All.
Our Master Association suddenly, after 20 years, decided to charge a yearly entry fee to all residents in order for them to continue to gain access to their homes through the residents gate . Many residents are very upset about this sudden change. (A Mailer was received on January 2nd stating that it goes into effect immediately, and if not paid, access would be denied, and residents would have to enter by waiting in line at the gatehouse. Is this Legal? What recourse do they have?. P.S This does not replace the existing Bar code Sticker.. Only renews it on a yearly basis.

Again Thanks, and a very Happy New Year!
Fred.

They will deny Barcode access if fee not paid in 30 days.

But, as I understand your posting, they will still allow you to access the community. You will simply need to utilize the main gate with a guard.

Therefore, ingress and egress is still allowed. It will simply take more time.
If you want to skip the line, you will likely have to pay the additional fee for use of that amenity.

Now we have more information.

If the Bylaws specify that two barcode passes are to be provided for free, the Board needs to comply with those Bylaws.

Keep in mind that they can change the Bylaws, but until they are changed, the Board needs to comply.

It may be worth asking where the authority comes from to override the Bylaws.

Better yet, it may be worth having an attorney ask that question on your behalf. Perhaps several of your neighbors could get together to pay for the attorneys time (I suspect around $300).

Is it possible that they upgraded the system, allowed everyone to keep their current barcodes but are charging the fee to offset the cost of the upgrade and yearly maintenance? Are you paying for gate costs through your dues? Was a reserve account established for an upgrade to the system?

For my new keypad we purchased 2 years ago, the gate company offered to do the programming (residents moving in and out) for a fee. I learned how to do it myself and saved us quite a bit, but could that be the cost they are charging? Where do you think the money is going? Did they have enough for the purchase or did they vote to borrow from another reserve fund and now must pay it back? What do they say is the reason for the yearly fee?

This was passed after many contentious open meetings. There were no radical changes in the Gate computers, since 3 years ago requiring changes in the Master dues, or assessments.

Since this is not in the BY-laws,apparently there is a class action suit in the works several sub- associations and by many residents. . Will post results.
Thanks, everyone for your input.

Allison asks a good question, Fred.

Minutes say nothing regarding the yearly fee. Only that "a fee will be imposed on existing Barcodes" (Also note, residents are angry since in order to "renew" they have to supply:
1:Barcode Numbers
2:Copy of Auto registratio
3:Copy Of Drivers License who will use the barcode entry.
4:Copy of the Lease/(Hme ownership.n

Why would any funding associated with the 2 bar codes be improper? Bar codes cost money, so they get 2 free ones, but what about the bar code reader? and the continual programming? How do 2 free bar codes translate to the elimination of all other associated costs?

Allison,

I'm not saying that the costs are likely aren't valid.
I'm saying that, due to what we have been told is in the governing documents, that assessments should be paying for those costs and not fees associated with the Barcode passes. That is, at least not until the governing documents are changed.

Now I'm really confused, Fred, since your wrote above: "So far many residents are complaining, especially since the Master Board By- Laws states that '2 Free Barcodes will be given to each resident.'" Can you clarify?

Sorry. Clarification : Our Community By-Laws mentions the 2 free Barcodes given to each new resident. Not in the Master Association By- Laws.

I'm one of the many posters here who aren't in HOAs with Master Associations (MA).

Do the rules, Bylaws, etc. of the MA trump those of the sub-HOAs? Does the reserves accounts for the MA cover upgrading the barcodes? Or does each sub-HOA contribute to that reserves line item for "their own" units or homes?

Kerry, I am under a Master Association. Usually there are common properties and limited common properties. The common properties are usually amenities like the golf course or tennis courts or storage lots. The limited common properties are usually for use by the sub-associations only and not the other sub-associations. There could be a scenario where the gated entrances are common property for use by all residents or there could be separate entrances for each sub-association making them limited common properties.

Each sub contributes towards services like cable tv that are under the Master. The subs docs would say that the Master takes care of this or that and the Master's docs would say the same. The subs docs would also say what the sub is solely in charge of (like their own irrigation) and would probably not mention the Master. I suppose there could be questions about which entity trumps when the docs are ambiguous. In the posters case, I think either he is confused about the Master and subs or he is not looking in the right place for the info. Maybe during their yearly budget meeting they approved an expense he is not aware of. Or they may have a shortfall they are trying to replenish. If they have contacted an attorney I am sure he or she will figure it out. I think of it like the Master is the federal government and the sub-association is the state government.

I do not think the poster has indicated that there are conflicting rules. Its very possible that his association has built into its budget, or has purchased in advance, bar codes for its residents and the residents get them 'for free'. Of course nothing is really free, its just that the residents do not have to pay for 2 bar codes when received. I would like to know from the poster what you do when you purchase a new car or if you have more than 2 cars in your household... do you pay for additional bar codes?

Also, the bar codes appear to be supplied by the sub association but the yearly fee appears to be charged by the Master. This tells me that the gates, hardware and software may be the responsibility of the Master. If the sub association docs do not say anything else about the entry other than 2 free bar codes, then it seems like the Master must have the maintenance responsibility in its docs. Another question for the poster: What do the Master docs say about the entry and what does their budget meeting minutes say about the entry and/or fee you are being charged? They cant just pull this stuff out of thin air; there must be mention of it somewhere.

Again, Fred, or other knowledgeable FL posters. My understanding is that decisions such as this new charge for Barcodes must be made at open meetings of the Board in FL, an dnot in some sort of secret "discussion meetings." True??? Or not???

True.
In this case, there were several contentious open meetings. While many residents and Sub-communties were against this, and not all communities were represented, nevertheless the Master Board decided unilaterally to approve the charges.
As I mentioned, after many complaints , these charges are being reconsidered and discussed at the next Master meeting.

Will respond after the outcome of this matter.
Thanks again for your informative inquiries and responses.