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Rob, Other/Just Looking in Wilmington, NC

The HOA where I live is refusing and/or hindering access to my residence in a gated community. I am not the

Asked by Rob, Wilmington, NC Fri Dec 5, 2008

home owner my fiancee is and they said that if I am not a blood relative or on the deed I must be called in daily. It is my legal residence can they keep me from going home?.

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8
I like Nathans idea of a formal lease with minimal consideration with fiance unless the HOA has rules against tenancy or technically creating a multi family dwelling. If you live there at the same time as she does, they might construe that as a boarder relationship. Your fiance has standing, unfortunately you dont with the HOA board and she should talk to a board member she knows.
1 vote Thank Flag Link Fri Apr 22, 2011
Have your fiancee sign a simple rental agreement with you as a tenant for $1 per month. This gives you legal right to occupy the residence. The HOA cannot make any restrictions to limit your access to the property because you will now have the legal right to occupy the property.


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1 vote Thank Flag Link Fri Apr 22, 2011
Ok
I live in a gated community. I can put anyone on my permanent guest or vendor list at the guardhouse. My Dad, my landscaper, a handyman. I would think the HOA only has a right to restrict access into the development, not entry to the house if your fiance approves you going in there unescorted and gave you a key. How is this different than if she gave access to the garage entry code for painters to paint the interior over a week? Does a neighbor kid babysitting need permission from the guardhouse to go into a neighboring home for babysitting? Read the HOA docs, maybe its a sticker thing or a auto gate raising remote for the car, but if the attendant at the guard house looks at authorized people on "the list" you should get in there. This is a fight for your fiance.

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1 vote Thank Flag Link Fri Apr 22, 2011
Oh, your in NC, maybe there is some kind of kooky deed restriction to keep people from living in sin. This protects society from lesbians cohabitating too. No liquor on Sundays either i bet.
0 votes Thank Flag Link Fri Apr 22, 2011
Read the rules. Some associations need the owner to fill out a form every year with names and ages of all the residents and license plate numbers of the cars.
Web Reference: http://www.gitabantwal.com
0 votes Thank Flag Link Fri Apr 22, 2011
Rob,
by the HOA definition yes. The problem is that this is just my opinion without reading the actually HOA rules and regulations it is hard to say. You really need a legal opinion. Your actually HOA docs are online and available for anyone to see. Pull them up and have an attorney take a look at them.

Hope this helps,
0 votes Thank Flag Link Sat Dec 6, 2008
Rob,
This means that by their definition, married individuals can not have the benefit of a normal entrance.

We suggest you begin with a call to the local police department for their intrepetation on this. This is a reminder of what can happen when a little power gets out of control.
0 votes Thank Flag Link Sat Dec 6, 2008
They might if it is in writing in the covenants or HOA rules that you must be "a blood relative" or "on the deed".
0 votes Thank Flag Link Fri Dec 5, 2008
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