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Can an HOA deny access to your property in Florida?

Longwood, FL |

I live in a gated community and am delinquent on HOA dues. The HOA is refusing to let my guests, landscape company, etc into the community.

Attorney Answers 3


I disagree...They cannot restrict your access to your house! I have edited the statue but feel free to Google it. They can restrict your access to the pool, gym, other common areas, etc. The following Florida Statute applies:

720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights; failure to fill sufficient number of vacancies on board of directors to constitute a quorum; appointment of receiver upon petition of any member.--

(2) If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney's fees and costs from the nonprevailing party as determined by the court.

(c) Suspension of common-area-use rights shall not impair the right of an owner or tenant of a parcel to have vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.

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Most likely according to the bylaws they have the right to deny access through the gate (ie: deactivate your clickers). You should make arrangements to catch up on your HOA dues in order to restore your rights. Most associations are willing to work with residents and regardless if you are in foreclosure with your lender, the association can not only foreclouse on your property but they can foreclose you out of the property faster than the bank. The objective is that other residents in the community have to pay for your non-payment and they are encouraging you to pay up.

Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice nor does it constitute an attorney-client relationship. Thank You

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I am in 100% agreement with the attorney above on his answer. The HOA, through bylaws, can most likely deny access to your guests if you are delinquent. They can foreclose on you very quick, so setting up payments with the HOA to get you back on track should be a priority. They work much faster than the bank and will get you out of the house very quickly. Most likely, they will work out a payment plan with you as it still easier for them to work with you then foreclose on you and find a renter for the home.

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