Can a HOA BOD restrict owners’ access into an unsecured gated community by removing the owners’ keypunch access leaving only remote control entry?
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Can a HOA BOD restrict owners’ access into an unsecured gated community by removing the owners’ keypunch access leaving only remote control entry?
Non-secure entry gate has two modes of entry: console & remote control device. HOA BOD has issued a letter stating the keypunch access at gate console will be terminated in 30 days. This issue was not discussed with the general membership nor sent out for a vote. Also, BOD is selling additional remotes, over and above the one unit given at closing, for $30/unit. The cost of each unit is $25. We are supposed to be a non-profit org.
Asked on May 20, 2009 under Real Estate Law, Washington
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You have just discovered the downsides of an HOA. Okay, yes, this is a non-profit.
1. You need to get your HOA bylaws and Articles and review closely to determine if these two types of actions can in any be construed as to be in the bylaws as not needing a vote or selling for above the cost. As to the above cost issue, does $30.00 perhaps represent the device plus shipping?
2. This is sticky -- you need to see if there is a mechanism in the bylaws to allow you to override these votes or hold an emergency meeting to take over the meeting or void these actions.
3. If not, then you need to seek alternatives. Read up on HOA laws in your state; this link will be your key: http://apps.leg.wa.gov/rcw/default.aspx?cite=64.38
4. Hire counsel. Try www.attorneypages.com and check his or her record at the Washington State State Bar.
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