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Posted By SheliaH on 12/12/2022 4:39 PM
Most if us aren't attorneys and you know that, so you'll have to ask your own or get an answer from the association attorney.
Now if this is part if the common area, it does make sense to keep up the system, but legal duty to maintain usually means owners are mandated to maintain something (like land) to a reasonable standard. Does that apply to a gate code system? Who knows? Someone could argue this is more of an amenity than something critical like a roof, Having a gate is nice, but do you really need it ?
Then there's the matter of money. I seem to recall you're on the board, so you should know the ins and outs of the budget. If the thing doesn't work, what has the conversation been about getting it repaired or replaced? If there's no money, but other repairs have been more critical, the board has to make tough decisions. If this wasn't part of the reserves, it'll need to be added to the next study. - and at that point it may make sense to get another system. Buf if you don't have them9ney, that may mean a special assessment or loan and you know how popular those are. Think that proposal will fly?
I know this is not a legal forum. I was just frustrated at what I opine is cost being an impediment for replacement, which it should not be, since our HOA is very well funded. Thank you for chiming in though.