The HOA would need to have written policies restricting access and services to delinquent members. The first step I would take is to go to a responsible party (Director, property manager, etc.) and calmly state that they do not have the right to deactivate my fob. If they claim the right, I would then ask where that right comes from. If they cannot produce that, I would ask them to reinstate my privilege and if they refused, then I might seek legal help.
The rights appurtenant to your ownership of a partial interest in the CD or PUD can be abridged through the Declaration of Covenants, Conditions and Restrictions. those rights can be limited but not abridged through the Rules and regulations of the HOA. However, non of these documents can legally affect your right to ingress or egress form your unit through the development, including the common area, off of the development and back onto the development.
Your right of passage through the development can be terminated only after your possession of the unit is terminated, and then only after your interest in the development has been terminated by sale, transfer, seizure, or foreclosure by the HOA or your lender.
In short even after a foreclosure your rights to pass through the development can only be restricted after your right to occupancy of the unit has been terminated voluntarily or by Unlawful Detainer proceeding by a Court of competent jurisdiction.
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In other cases in FL, the amenities in a community are actually owned and manged by a separate organization. And just like membership to fitness center. miss the payment deadline and you are shut out. In this case even the paid up folks got locked out of the amenities for which they were paying
Now, there are potential workarounds that defer this liability. You need to chat with the HOA president, an attorney, or experienced REALTOR. It is highly likely you already have two of these on your team right now.
If you are short selling or in foreclosure, you will walk away with nothing from the proceeds of the sale. Make the decision(s) that are the least worst and can provide the greatest benefit to you and those important to you.
Now is a time for courage. There are no guarantees in this process.
Walk forward in the courage and willingness to be brokenhearted and the end result will determine your capacity to live in wholeheartedness resulting from your struggle.
Hope is the outcome of struggle. The struggle defines who we are.
Share your hope.
You will find hope is contagious.
It is likely not a "power trip" that has motivated this action, but the HOA Board's fiduciary responsibility to the HOA, including you. I always counsel my sellers to keep their HOA current as you don't need the HOA's interests complicating your efforts to short sell your home.
I would love to meet with you to detemine the best course of action in the listing, marketing and sale of your home. I have an entire team that will be dedicated to monitoring the short sale process at no cost to you.
Call or email me if you would like my help with this process.
Keller Williams Realty &
your Tampa Bay Home Connection
I also have the governing documents that will show whether or not your association is acting outside of their rights. There are some HOA board of directors that are on a power trip and will take actions that are not even legal or in compliance with the Declaration, Articles of Incorporation, ByLaws or Rules and Regulations. Unfortunately the HOA attorneys may also allow these unscrupulous HOA directors to take illegal actions because they may stand to benefit if a lawsuit ensues. A pure conflict of interest and it's nauseating because these unethical Attorneys often get away with their schenanigans. Take a look at this very interesting website about living in an HOA or Condo:
So call or email and I can help you with your Short Sale or see if it may better for you to stay in your home and seek a Deed for Lease or a loan modification that will lower the amount of your mortgage. No cost to you.
All the best,
Alma Rose Kee, PA
Future Home Realty
Liane Jamason, REALTOR, CDPE
Smith & Associates Real Estate