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Does an HOA have to provide keys to residents for access to and from their homes of a gated community?

Palmetto Bay, FL |

Our HOA has very poor planning, and multiple issues with gate access to and from the community. They have recently closed and locked the gates and have not provided the keys for pedistrian gates. No one can come or go unless they have a car to open and close the autobile gates. I have children who require pesistrian access to and from the community for school, work, summer camp, and recreational activities.

Attorney Answers 2

Posted

Yes, they must give you keys to the gates to walk in/out of the community.
When you purchase property within a community, you also become owner the purchase of your unit comes with an easement to for the ingress and egress into the community.
You should become aware of the HOA's governing docs (Declaration, Bylaws and Articles of Incorporation). You should've been provided a copy when you purchased your home. If you do not have a copy, you can obtain a copy from the County Recorder's Office (in Miami-Dade County they are available online - see link below). Within these documents you should find the language that grants you, as an owner, the easement mentioned above.
Notify the Association/HOA, preferably in writing, that they are required to provide you with gate keys, and cite the appropriate governing docs.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. This answer was provided for general informational purposes only and is not an offer to represent you nor does it create an attorney/client relationship. You should not act, nor refrain from acting, based upon any information contained within this answer. All the parties involved in this question have not been identified so I cannot determine whether I may have a conflict in this matter. Should it turn out that I have an attorney-client relationship with any of the other parties, my response to this question will not prevent me from continuing to represent an existing client. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

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Posted

Thank you very much. Is there any legal action that can be take. If they still refuse? They made every resident pay $45 per vehicle just to get a vehicle access scan bar.

Posted

Fla. Stat. 720.305(2)(a), which deals with fines and suspensions, states you must be given vehicular and pedestrian ingress and egress to your property. If they have to do it if you are breaking the covenants, they surely have to do it if you're obeying the covenants.

(2)(a) An association may suspend, for a reasonable period of time, the right of a member, or a member’s tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may 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.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case.

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Posted

Thank you for citing the actual law. I have been trying to find that wording and could not locate it.

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