Restricting Pool Access Because We Have Too Many Gate Stickers

Started by CatherineL3 • 5 replies • 400 views

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CatherineL3 (Georgia)
Posts: 1

Posted:

In this gated community, the HOA has decided to limit each home to 6 gate access stickers. This is not a written rule that they can present to us. We have 5 cars (teenagers live in the home), and the 6th sticker went to his elderly parents because they can't work the call box at the gate and visit often. They have just switched the pool gate access from a key, to a fob only access. When we requested a fob for access to the pool, we are told we have to give up one of the car stickers. Can they do this? They are simply refusing to give us a fob for the pool unless we comply.

LetA (Nevada)
Posts: 2,679

Posted:

Were you issued one fob to the pool when the access was changed? I don't see how pool access is tied to parking permits, unless you are trying to get more than one fob to the pool. In that case each owner should be issued one fob per household to the pool. On that note, HOA's have CC&R's and Rules and Regs R&R's Rules and regs can be voted on by the Board, but the R7R's can not be harsher than whats in your CC&R's.

AugustinD
Posts: 3,698

Posted:

Quote:

Multiple cars for multiple teenagers under one roof is the first problem. Pretty soon they may be multiplying in the cars. (joke, in part)

Quote:

and the 6th sticker went to his elderly parents because they can't work the call box at the gate and visit often. They have just switched the pool gate access from a key, to a fob only access. When we requested a fob for access to the pool, we are told we have to give up one of the car stickers. Can they do this? They are simply refusing to give us a fob for the pool unless we comply.

-- First, the HOA/COA has the right to create reasonable rules for the use of the common areas.

-- Second, is a limit of six total pool fobs and gate access stickers reasonable? I tell you, if this went to court and I were the judge, with 25 years of COA/HOA living experience under my belt, including ten years on the board, I'd say yup, this limit is reasonable; I rule for the HOA/COA.

KerryL1 (California)
Posts: 14,550

Posted:

Catherine wrote: "In this gated community, the HOA has decided to limit each home to 6 gate access stickers. This is not a written rule that they can present to us."

If this isn't a" written rule," how do residents know about this limit?

Have you looked at your governing documents like your Rules & Regs or your Deed restriction (AKA covenants, CC&Rs, declaration ) to see if the HOA (by which you mean the board of directors) can limit access stickers for cars to a certain number?

Is there anything in your documents that limit the number of people who can dwell in a unit?

Do your documents say that all residents in "good standing" have access to the pool or common area amenities in general? If so, are you in good standing? Up to date in dues? No outstanding fines?

Too much missing for me to fully understand the situation.

Based on what you did write, Catherine, my first impression is the HOA has no right to keep your household from the pool, or to limit the number of car stickers a dwelling can have. Need more info, though, defiantly.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By CatherineL3 on 06/02/2021 11:05 AM
In this gated community, the HOA has decided to limit each home to 6 gate access stickers. This is not a written rule that they can present to us. We have 5 cars (teenagers live in the home), and the 6th sticker went to his elderly parents because they can't work the call box at the gate and visit often. They have just switched the pool gate access from a key, to a fob only access. When we requested a fob for access to the pool, we are told we have to give up one of the car stickers. Can they do this? They are simply refusing to give us a fob for the pool unless we comply.

I do not see the correlation between amount of gate access stickers and pool fobs? Please explain more and/or ask the BOD about the correlation.

BarbaraT1 (Texas)
Posts: 821

Posted:

The only thing I can think of is that maybe the pool gate and the access gates use the same software and there is a fixed number of programmable slots available.

You should ask the board why they have made their decision.

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