My HOA refused to give me a gate code - California

Started by BrianC17 • 3 replies • 872 views

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BrianC17 (California)
Posts: 1

Posted:

I have just bought into a HOA in California. I was not provided any means for entry into the complex. I had to buy a remote for the access gate and buy a key to access the amenities.

I have asked for an access code for the gate, but the Management office is refusing to provide this citing security reasons. However in our CCCR, it states that the "Association is not a provider of security"

In addition there is nothing that is indicated in the By-Law, or Rules and Policies that access codes are not given out.

Our HOA property manager even stated to me that "that just how it has been done"

Can they deny me access to the access code?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It may be in the way you are asking. May not be asking the right questions or proof of ownsrship. The HOA may not know your an owner. Do not assume they do.

Former HOA President

MaxB4
Posts: 3,513

Posted:

First, the gate code, remote and key should have been transferred as part of escrow. This would have done by either the real estate agent or escrow officer or both. Can they denied you the access code, ONLY if they legally suspended your rights through due process.

If the remote and key were not transferred, then, YES, they can charge for those.

Call up the management company and le=t them know you would like, at the very earliest time possible, to bring this matter in front of the Board in a process called Internal Dispute Resolution (IDR). I guarantee you will get the gate code before you finish saying Resolution.

KerryL1 (California)
Posts: 14,550

Posted:

In our high rise HOA, new owners purchase access fobs for our electronic gates, common area doors, lobby doors, etc. So, I'm not sure why we residents would need an access code (if there are any.) Why do you need one? You have access and that's all the HOA legally needs to supply you.

We've had a few postings here when boards have to change their access codes frequently because they've been given out to the "wrong" people.

If residents--owners or renters were given the access code, they might reveal it to outsiders who should't have it. I imagine that's the security" reason you were given.
And it's true, you are responsible for your own security, not the HOA. But just becasue they have that disclaimer, as we do, too, doesn't mean folks can't use the word "security." It's not a banned word.

I'm getting the sense that you're demanding too much--I sure could be wrong.

You could threaten an IDR as Max suggests, but Imo, if you want to get along and be a good neighbor in your community, demanding an access code and then carrying out a dispute meeting is way overkill and won't win you friends.

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