Locked out of their community?

Started by DonnaS • 7 replies • 1786 views

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DonnaS (Tennessee)
Posts: 5,671

Posted:

This article is from our Home Page. Rather interesting and a sign of the times.

ORANGE COUNTY, Fla. -- Residents in the Eagle Creek community on Narcoossee Road said they received a notice that their $350 quarterly Homeowner's Association fees were going up $70.

They also received letters from their management company, Sentry Incorporated, which said those who don't pay their fees will have their transponders and access codes to get into the gated community, disabled.

"I believe it's illegal to do that, they can't prevent us access to our homes," said resident Eddie Ramlakhan.

Eyewitness News spoke with an HOA attorney who said the move by Sentry Incorporated was illegal. Residents said the company and the HOA were trying to make up for a large number of foreclosures in the area.

By the way, Florida Statutes do not allow the HOA to prevent anyone from ingress and egress.

AnnaD2 (Florida)
Posts: 960

Posted:

Donna, I read that, too. Did you happen to read some of the comments posted to the article? Someone reminded the people that the management company, Sentry Incorporated, must have acted on the orders/direction from the Board of Directors.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Hi Anna,

Yes I did read them but most of those posts come across as just people who don't understand the HOA system. I know nothing of Sentry Management Co. I would hope that before they made such a harsh statement that they will "lock people out" they had gotten those orders from the Board (which was stupid to order and illegal). If it was generated at the management company level, then they would have marching papers by tomorrow.

CarolF (Florida)
Posts: 435

Posted:

In many gated communities in Florida there is a main gate for visitors,tradespeople, etc. and also an RFID gate for residents. Perhaps this fast entry gate is considered an amenity for people who pay their assessments. People who are delinquent could still enter and leave...it just might take a bit longer.

EllenS1 (Florida)
Posts: 1,148

Posted:

Our HOA used Sentry for a year (or maybe two...time flies) but replaced them for other reasons.

KirkW1 (Texas)
Posts: 1,665

Posted:

Well based on what we have heard from our management company, the majority of boards sit back and pass resolutions as proposed by the management company. And thus while the Board certainly had to pass the resolution, that doesn't mean they actually had much to do with the idea.

There is a very good chance that someone at the management company came up with the idea. Then again there is a possibility some board member just popped this off the top of the head and off they went. All the same, I would not be the least bit surprised if the board didn't bother to ask if this was legal.

EllenD2 (Florida)
Posts: 2

Posted:

I am trying to find out if it is legal in Florida for a HOA to de-activate gate access to homeowners who are late in their assessments if there is also a manned station for guests and contractors. I have heard varying opinions but most seem to lean toward it not being legal. Some have said that the owner's lane is an amenity but others have said it is illegal to restrict owner ingress and egress.

SheliaH (Indiana)
Posts: 6,964

Posted:

This was an old post from 2009 and much may have changed since then - ask your question on a new thread.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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