Gate Access deactivation

Our HOA in Florida deactivated owner codes for everyone because of this exact situation. Anyone and everyone had codes to get in and there was no point in even having gates.

Check your governing documents and see what it says about access to the community. In ours, we guarantee two access cards to each owner and although we do also have transponders and key fobs we are not required to provide anything other than the two cards.

Most likely, your documents allow the board to make reasonable rules. One of the rules could be to change the way they allow access to the gates. You have a right to get in, but you may not have a right to use codes.

The HOA is required to give you access to the community. It is not required to give you AND your guests the most convenient access to the community.

I checked Florida statute 720, which is the one that controls HOAs.

There is no language at all about gated communities. There are two paragraphs, 720.305 (2)(a) and (3) that address access to the community. Both are really in conjunction about owners and tenants breaking the rules or being delinquent in fees and being suspended from access to common areas. It says this:

A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.

I also read an opinion from a Florida real estate attorney that said in reality the law does not require an HOA to give access to anyone except the person on the deed or a tenant named on a valid lease.

Obviously most associations allow other access. But as I said before, as long as they provide a way to get in, it doesn't have to be the easiest or most convenient way to get in.

We are looking at changing our gate system (which is similar to the OP's) to an RFID sticker system, along with a limited number of transponders and key cards per household. Right now we have almost 10,000 devices registered to our 825 home community. We are replacing old tech with new and at the same time putting limits on how many access devices will be given out. I suspect many of the residents will not be happy.

In Louisiana the RS does not address access, although, other laws govern access to property (Rright of passage and such). As far as the HOA, the Board may promulgate rules and regulations as required to govern the operation and use of Association property.
We currently use DoorKing systems with RF tags to allow resident specific access all others will pass through security.
If a homeowner fails to pay assessments, violations, or other fees we deactivated those tags registered to them. They then must check in through security to gain access. Additionally, we use this deactivation as a punitive tool for excessive or multiple traffic offenses such as second speeding violation within 90 days results in fine and 30 day suspension of privileges.
Hope this helps.

It seems to me that what you are proposing is suspending the use of an amenity. Said amenity is something for which all owners are paying.

Is this a condominium?

If this is not a condo, then FS 720 has this to say:

An association may suspend, for a reasonable period of time, the right of a member, or a member’s tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.

One can parse the above section of FS 720 a few ways, of course. Notably it appears FS 720 requires a hearing before suspending use of amenities. FS 720 has still more to say. See
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

FS 718 applies to condos and has similar, though not exactly the same, wording on this topic.

I would not take away this amenity without at least a lot of notice (publication of the new policy) and a hearing for violators. I also think I might lean towards fines instead of suspending access in this way. Of course, the HOA better have pretty darn good proof of violation of the rules (which of course, have been well-publicized in advance) about using the access codes yada.

Augustine - you usually give good, well thought advice. However, in this case you are wrong. Katy's association is not taking away her access or suspending her use of the amenity. She can still access her home and the community, still has use of the amenity, but she has to use a transponder or a key card to get through the gate. She just doesn't have the convenience of a code to share with friends and family to EASILY get into the community.

The statute was changed several years ago. It used to say "impair" access, now it says "prohibit" access. Many attorneys interpret that as the association can make a homeowner go through the attended side of the gate instead of having automatic access. But in Katy's case she has other "automatic" ways to get through the gate.

In CA HOAs also can limit access to be less convenient. But our CC&Rs must have a clause that permits suspending privileges and also the Owners must be able to attend a hearing before the Board makes its decision.