Locking me out access to my own house?

Started by BarbR • 26 replies • 1442 views

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BarbR (Georgia)
Posts: 9

Posted:

All of a sudden my gate access cards and sticker on my car won’t open the gate. Isn’t this illegal ? Who do I call if no help from management company? Lawyer ? Police? They claim I owe fines which notices of were never sent to me. I am not behind on hoa fees . What are my rights here? Please help.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Barb,

Check with a local attorney to find out your legal rights.

Typically, providing there is another way to access your home (visitors gate, etc.) then the Association may cancel gate access.

See:Georgia Property Owners’ Association Act

§ 44-3-223. Compliance with association instrument and rules and regulations; enforcement
Every lot owner and all those entitled to occupy a lot shall comply with all lawful provisions of the property owners' association instrument. In addition, any lot owner and all those entitled to occupy a lot shall comply with any reasonable rules or regulations adopted by the association pursuant to the instrument which have been provided to the lot owners and with the lawful provisions of the bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved lot owners on their own behalf or as a class action. If and to the extent provided in the instrument, the association shall be empowered to impose and assess
fines and suspend temporarily voting rights and the right of use of certain of the common areas and services paid for as a common expense in order to enforce such compliance; provided, however, that no such suspension shall deny any lot owner or occupants access to the lot owned or occupied.

GenoS (Florida)
Posts: 4,276

Posted:

Hi, Barb. If you were in Florida the HOA wouldn't be able to deny you access to your home and parking. That would be a civil matter, of course, and I don't think the police could be counted on to help you.

As Tim said, it's the same in FL. They can cut off access through the main gate if there's another way into the community that's open to you.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Is this your primary residence? What would the fines have been for? Is there another entrance to the community? The police can't do anything. You would call the HOA board to address the fines. They should have given you notice to come to a meeting to address the fines. My question is could you have gotten these notices and tossed them out? Were you expecting if they gave you fines they came in certified mail or some specified address? You could have misread the envelope.

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

In CA, if there's some other access to your home, the gate access can be denied to us.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

A BOD cannot deny access to one's home. That said, they can make it difficult like voiding automatic gate passes and making the owner enter a different, more cumbersome way.

BarbR (Georgia)
Posts: 9

Posted:

I’m in Georgia. They claim it was because I owed hoa feee (which isn’t due til oct 1) and fines for parking my car too close to sidewalk(it’s dtill in my driveway). I got NO notices. They did after I told them give me access through the gate. I have got to sell this house. These “people” have nothing else to do. Anyone owing over $1500 will be locked out of the gate. I Am no where near that. Some people haven’t paid hoa fees in years.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Sounds like there is a LOT more to this situation.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I remember we had a poster who complained about people parking their cars too close to the sidewalk. They were handicapped and it forced them to go out into the road or yard. Making it hard for them to get around. So you may not think that it's a big deal having your car parked across/near a sidewalk. It is to someone who can't get around it due to physical reasons. I can see a HOA fining someone for crossing the sidewalk/driveway line.

Former HOA President

BarbR (Georgia)
Posts: 9

Posted:

That ‘s the issue. It wasn’t on the driveway... I did move it. So nonfactor now. I will say I will NEVER buy into an hoa again. This is my first and last time.

RoyalpitA
Posts: 195

Posted:

? What would you do if the POLICE ticketed your vehicle for obstructing the sidewalk ?

? Would you ignore the summons or simply pay the fine ?

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Barb,

Don't know about you particular HOA - but, I do know the only way I would EVER buy is with a strong (not Nazi) HOA that protects my property value and helps me control my standards and quality of life.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By GeorgeS21 on 09/29/2018 11:05 AM
I do know the only way I would EVER buy is with a strong (not Nazi) HOA that protects my property value and helps me control my standards and quality of life.

Aye there's the rub. That's a fine line to walk. Strong but not over-the-top tyrannical. The ever-changing makeup of boards of directors are also cause for concern because no one can predict the 3 new owners who are monsters that will be moving in next year and on the board the year after that. It's always going to be a crapshoot. You can have a good board this year but only time will tell what it's like 5 years down the road.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

We probably would all agree on one thing - if the owners all read and understood their CCRs and Bylaws and PARTICIPATED in their HOA there would be zero opportunity for nazis act alikes to take over.

As we all know, apathy is what makes over the top behavior possible.

BarbR (Georgia)
Posts: 9

Posted:

That’s the thing they change the “rules” as they go along.

RoyalpitA
Posts: 195

Posted:

if you believe that 'they' are violating YOUR covenant(s) feel free to take appropriate action:

recall the BOD as per YOUR bylaws

or

pay up and live peacefully

or

start the legal process by sending a 'demand letter'

or

move

AND, next time

CAVEAT EMPTOR

RoyalpitA
Posts: 195

Posted:

..... If and to the extent provided in the instrument, the association shall be empowered to impose and assess fines and suspend temporarily voting rights and the right of use of certain of the common areas and services paid for as a common expense in order to enforce such compliance; provided, however, that no such suspension shall deny any lot owner or occupants access to the lot owned or occupied. .....

As usual TimB 'nailed it'.

There is no requirement for access to be CONVENIENT.

The 'remote' operates a commonly funded amenity.

You have NOT funded same.

You WILL be inconvenienced as a result.

Rightly so.

BarbR (Georgia)
Posts: 9

Posted:

Like I said my badddd I made a mistake by buying into an hoa that changed rules as they see fit. Lucky got me I bought in 2009 when no one was buying so I have around $$100,000 in equity in my home. I am putting it up for sale after I fix a few things. 🤣🤣🤣😂😂😂😂😜😜😜. Thanks guys ✌️😏

RoyalpitA
Posts: 195

Posted:

They probably STARTED enforcing EXISTING rules.

in any event,

Best of Luck

GeorgeS21 (Florida)
Posts: 3,808

Posted:

As I noted on the 28th ...

Sounds like there is a LOT more to this situation.

Have a few like you in my HOAs. They all wish they were somewhere without rules, as well. But, then they think think about the how much their investment has been protected ... then they let slip something like you just did.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Barb

You say they locked you out of your house. Is this not a bit of an exaggeration? Can you still get to your house even if not the usual/efficient way?

BarbR (Georgia)
Posts: 9

Posted:

Ms royal pit not sure how you think you know this in MY hoa but 👌.

BarbR (Georgia)
Posts: 9

Posted:

Mr George easy to judge behind a computer screen but ok honey. I got my answer thanks! And I’d like to thank the hoa for helping me with my equity. Most of them bought when it was a bad market and are now upside down or have no equity because of second mortgages. Too bad for them and good for me!!!! 🙌😘😘😘😘

BarbR (Georgia)
Posts: 9

Posted:

Mr John read above. I’ve already addressed your question. Thanks !!

BarbR (Georgia)
Posts: 9

Posted:

Notifications turned off! Thanks peace out!!!

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Yep, as expected.

RoyalpitA
Posts: 195

Posted:

from the OP:

..... Anyone owing over $1500 will be locked out of the gate. .....

the OP's complaint is being locked out of the gate

ergo

the HOA believes the OP is in arrears for at least $1500

however

WE will NEVER know the accurate 'story'

so

let the jabberwocky continue

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