Foreclosure in Valrico>Question Details

cdelgado0412, Home Owner in 33594

Can a homeowners association (HOA) deny you access to open the gate to access the community your property is located in due to non payment of fees?

Asked by cdelgado0412, 33594 Wed Oct 10, 2012

The HOA deactivated the fob that opens the gate to get into the community that we have a townhouse in because we are past due on our fees. Can they do this? We are in the middle of getting foreclosed on and are starting the short sale process. Thanks!

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Based on past clients experience YES. Your association is completely different entity from your mortgage holder, being late on your mortgage or facing foreclosure has nothing to do with your association. Since you are not paying the mortgage you should have even less difficulty paying the association. A back due association will be a real problem if you attempt to do a short-sale....don't add that to your headaches.
2 votes Thank Flag Link Wed Oct 10, 2012
Broadly, yes - HOAs CAN do this, if the privilege is conditioned on your being current on your HO fees.

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.
1 vote Thank Flag Link Wed Oct 10, 2012
Your rights to ingress and egress in, from and through any condominium development or planed unit development is predicated upon your status as an owner of a partial interest in the real property comprising the condominium or planned unit development.

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.

JeRome Tarver
Call 323 369 1876 for consultation
0 votes Thank Flag Link Fri Jul 10, 2015
It is highly unlikely that any HOA has the authority to BLOCK your ingress/egress rights to your property. The right to go and come from your property is right they can not interfere with. If you are talking about access to the amenities then that's a different issue. But if you have no other way to enter your property except via a security gate; then non payment of HOA fees can not be the reason for removing your access through that gate.
0 votes Thank Flag Link Wed Feb 18, 2015
HOA's have 'super' powers. They were endued with these powers when Bank of America corrupted the bond rating system and crashed the real estate market. These powers allowed many HOA's to remain viable as the weight of distressed owners was deferred to them.

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.
Have hope.
Share your hope.
You will find hope is contagious.
0 votes Thank Flag Link Tue Feb 3, 2015
Can HOA deny access code to open lobby door for a new tenant of a homeowner who refuses to pay delinquent fees from monthly assessment?
0 votes Thank Flag Link Mon Feb 2, 2015
As has been mentioned before, your HOA may very well have the right to revoke your access to the community by deactivating your gate fob.

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.

Beverly Jillson
Keller Williams Realty &
your Tampa Bay Home Connection
0 votes Thank Flag Link Sat Oct 13, 2012
Which HOA? If you haven't already found a Realtor to help with the Short Sale, I can help you for no cost to you. The lender will pay my firm and the buyer's Realtor on the closing date.

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
0 votes Thank Flag Link Wed Oct 10, 2012
Yes, unfortunately they can. I always recommend to my short sale Sellers that if you can, stay current on your HOA's because they can wind up killing a sale by the time attorney's fees get tacked on, and of course because of reasons like you've mentioned. Call me if you need help with starting a short sale. Best of luck.

Liane Jamason, REALTOR, CDPE
Smith & Associates Real Estate
0 votes Thank Flag Link Wed Oct 10, 2012

You definitely need to contact a good Real Estate Attorney. They will be best suited to guide you through this situation.

I hope everything works out for you. These are difficult times for many people.
0 votes Thank Flag Link Wed Oct 10, 2012
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