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LaskaS (Texas)
Posts: 1,025
Posted:
hi,

I have a question, I have done a ton of research and have found conflicting information.

Our condominium deed, documents clearly outline that our property has two swimming pools, two laundry facilities and two entrance/exits

At some point over the past 20 years one a remote control access gate was installed on the "back" gate.. owners that wanted to use it had to purchase a 25 dollar remote.

Its my understanding that common elements as outlined in our deed can not be removed, changed, etc. without an owner vote.

The back gate was locked with a chain to prevent access and exit right after hurricane harvey.
months went by and I inquired, I was told that contractors were all over the property (rebuilding).. and having the back gate functional was a security risk.

I objected. stating that the access gate only operates by remote. owned by owners. (this was back in january)...
It's now 10 months later.. With the old incompetent board in the process of being removed. I finally convinced the property manager to take the chain off and allow owners to once again use the back access gate to come and go (if they have a remote).

I know this seems like a silly issue, but having to drive all the way around to come and go,,(i calculated) adds 3 hours to my monthly commute.
now some owners who don't even live on this side of the property are saying they want the gate rechained.. they are claiming that because not all the downstairs units are rebuilt yet, there have been attempted break ins.. (i don't see how that has anything to do with the gate) anyway,

My question is,, isn't denying access to a common element that is clearly outlined in our deed a decision that can only be made by taking a board vote.??

It is simply ridiculous that owners that don't even use the gate and aren't even inconvenienced are complaining. help!
LetA (Nevada)
Posts: 2,679
Posted:
Quite honestly I would leave the gate chained up until the property is whole again. If break-ins occur more frequently when the gate is unchained compared to when it is chained, then I would leave it chained until all construction is complete. This has nothing to do with denying access. Besides there is another available access to the property. I would think the unit owners don't want there unit looted or construction materials pilfered.
JenniferG11 (Texas)
Posts: 667
Posted:
"My question is,, isn't denying access to a common element that is clearly outlined in our deed a decision that can only be made by taking a board vote.??"

A board vote or a member vote? Members do not have to agree, no. Were I on the board I would say yes to that proposal. Common sense.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
I think the rebuilding circumstances may be driving your scenario, but even without that component, I think the board could make that level decision - until the owners rise up to complain and recall the board.

Frankly, if the gates cannot be forced open, and there has been no proof of break ins through the electronic lock gate, I don’t understand why it needs to chained.
LaskaS (Texas)
Posts: 1,025
Posted:
george, yes,,that's my view.

I think that it's the same people who think that a speck of mold means they have to tear down their houses... noone seems to actually look at the facts anymore..

anyway... I'm not going to push the issue. The gate is currently unlocked(although owners do need a remote to come and go) .. we are having a recall of the board vote in 9 days.. and by then it should be a moot point..

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