BLOCKING ACCESS TO COMMON ELEMENT

I live in a small condo - 18 units total.

The problem I'm having is that the HOA is closing a fence on the side of my building and blocking my access to my backyard even though I cleared expressed my wish to have a gate and don't lose access. That area is listed as common element and I also believe it would become a safety issue if I have ever to escape from a fire and the fence is blocking my exit.

It's clear that one of the board members (my neighbor) that is pressuring and moving to have the fence closed has conflict of interests as she is gaining a private backyard with the fence extension. Last meeting was heated as she was trying to impose rules to others but not applying to herself. Her excuse was that I bought a corner unit and don't have outside access to my backyard (I mean, I do have until she blocks it off with a fence). Total absurd.

It will be an ordeal having to carry heavy stuff all around the building because she wants a private backyard. Not to mention when I have any home improvement done. I feel my rights violated and abused by this board member.

The bylaws and declarations are clear about my right to access.

What is the deal to have a gate? For what reason should it even be an issue if it was not because her own interests.

I have spoke in person and sent emails to the board and there is nothing else I can do other than fight over it in court. My only hope is that when a permit is filed, the town will demand a gate to be installed after going over our declarations.

Any thoughts?

Jared's advice makes sense, Beth. In addition, make sure you copy that part of your governing documents that state this is a common area or element.

Why does ONE director have so much power?

I'm not understanding 'closing the fence' or 'extending the fence'. What function does the current fencing provide, and how will it change?

BTW, the town I do not think is going to go over your docs when they do a permit. They will only make sure city code isn't violated. I think you will have to fight this yourself. Does it impact any other owners?

Still hard to envision, Beth. Are the 18 condos all in one building?

You're right to say the director has a conflict of interest. She should not vote on this matter at all because it only serves her interests and not the community's.

Can you find in your documents how changes to the common areas must be handled?? In our HOA, for instance, owners must vote to allow (most) changes to the common area. I think that's typical. I don't think a board can make that decision.

The trick is how to stop her withOUT going to court. Maybe the other directors will get nervous if they feel they TOO could be in trouble if they oppose your governing documents.

Kerry, there was a vote, but before the voting session started, I made it clear that I wanted a gate as I it was my right of access. There are 4 buildings, 2 with 4 units each and 2 with 5 units. My backyard faces a street without parking space, so have a gate on my backyard is out of question.
The board Secretary, the neighbor who is causing all this problem, did not include that on the minute. When I read the minute one week after the meeting, I immediately emailed the board to clarify why the gate was not stated on the minute. "Her" response was that a gate was not voted, only the fence. Yep. It's unbelievable. So I reply back to everyone, that if the minute can't be corrected, at least let the subcontractor know and ask them for an updated quote. It's a cheap fence. Including a gate wont break our $100,000 reserve account. This is pure manipulation from her part to get what she wants.

You may check with the fire department too since there may be a "life safety" issue with regards to your ability to have multiple options of egress in the event of a fire.

For the life of me though I still can't wrap my head around their lack of desire to install a gate. That just blows my mind. It seems very unreasonable to me.

This is a good time to take a deep breath, make sure you fully understand your documents, county safety rules, state rules for access, etc.

Once you do, notify the Board about your concern - formally - with audit trail on the delivery.

If they refuse to talk, then next step is to go legal on them and work with an attorney. Working with Board without the attorney is always easier, unless they don't want to talk about it.

Whatever you do, calmly keep the pressure on ... saying things like your "rights have been violated," won't get you anywhere.