I purchased a lot (LAND LOCKED in Oxford Fl, 34484) ,adjacent to my home. The Property Owners Association will not allow meto have acess. The

Asked by Joe Gerena, Oxford, FL Sun Jan 24, 2010

comoonity that I live in is surrounded by a four foot fence, Wooden. I want to put a gate to access my property. Do I have any rights?

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Dane Hahn, Agent, Englewood, CO
Sun Jan 24, 2010
Hi Joe,

Home owner associations (HOA's) have the right to limit access to community amenities--(but only for cause like not paying the dues) but even under that regulation they MUST allow access to an owner to his own property. (I think you may get a legal access by right of way over some other land).

Am I right in assuming that you do not live in the HOA, but you have bought a lot that is within the HOA?

Members of the HOA might wonder what benefit a gate would offer to you?

And so is your question, can you build a gate? Or is it that you hope to remove the fence and make your property appear to be a larger "spread" and also maybe appear to be a part of the HOA.

My guess is that you will get a permit for a gate, but that the HOA will not allow the removal of the fence.

Good Luck,

Dane Hahn
Broker
Web Reference:  http://daneandsandra.com
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Kevin Clouti…, Agent, Cape Coral, FL
Sun Jan 24, 2010
Dear Joe,

You may want to contact a real estate attorney to best answer this. I would guess you may have the right to install a gate to access you property but you may need to pay for the gate.



Kevin Cloutier
Southern Premier Realty
Cape Coral, FL
239-246-6639
Web Reference:  http://www.kevincloutier.com
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