I closed on my house on a Friday afternoon, however funds were not disbursed until Monday morning. We received the keys to the home immediately upon signing our closing documents. The HOA management company was closed over the weekend so we waited until all funds cleared Monday to access the home. We applied for vehicle decals and Clickers to access the neighborhood on Monday morning. The management company claims it takes 24-48 hours to process our request and is denying us access to the community during their processing time. Is this illegal? We have already paid our HOA dues and need to move in the house ASAP. The management company refuses to answer our calls or just hangs up on us and doesnt respond to emails about accessing the community. How is this legal?! We are furious. How can an HOA deny a homeowner access if now accounts are delinquent?
The response from the HOA is atypical. Hopefully, at this point, you are in your home and the issue is moot; however, if the issue remains, then your real estate agent and/or title company that handled the transaction may be able to assist. For these types of situations, a different voice often helps resolve the issue.
This response is (i) not legal advice; (ii) based upon the information stated in the question and general legal principles; (iii) provided for general information and educational purposes of the public who may have similar questions; (iv) not for any specific individual or circumstance; (v) not intended to create, and does not create, which the user of Avvo understands and agrees, an attorney-client relationship. Solutions and answers to legal issues depend on the specific facts and issues of a matter, and it would be impossible to address all such facts and issues on Avvo.com. If you would like to obtain specific legal advice about your matter, you should contact a local attorney who is licensed to practice law in your state. Mr. Pomeranz is licensed to practice law in Florida and New York. The engagement of Mr. Pomeranz and his firm, Pomeranz Law PLLC, requires that no conflict of interest exists with the firm’s existing client relationships and the parties sign an Engagement Agreement. Until such conditions are met, please do not send Mr. Pomeranz or Pomeranz Law PLLC any of your confidential information.
This is but one of a myriad of reasons one should always have a lawyer representing them from contract through post-closing. I can assure you this would not have happened had you been represented properly. On the flip side, property managers are NOBODIES, don't blame it so much on the association, some PMs are just schmucks. They sometimes try to act all-powerful; but - they are mere employees of the association (or less, just independent contractors). We get more complaints about them then robocallers and moving companies. There are a few good ones out there, but the fact is, the qualifications to be a PM are quite minimal and there is a lot of nepotism. This would depend on the rules governing the association (a copy of which you should have been provided at contract). If this some sort of ad-hoc, BS "property manager" protocol, you might be able to make some noise. But if the rules call for this procedure (or practicality requires the time frame), you're likely stuck; the likely argument would be you should have known about this before, and prepped for it. In any event, perhaps once you get in, you can help change the protocol (or the PM's tone/manner) on this one. For now, you will just have to wait, or, you can do what you SHOULD have done months ago - get yourself a good local real estate attorney. Who knows what other problems await. Hope this helps. gsg
Responses provided herein are merely commentary on the question posed. They are NOT intended as legal advice, nor to be relied upon by anyone, for any reason, nor to create an attorney-client relationship between you and I; and all askers should consult an attorney for advice regarding each individual matter, since each case is a bit different, and not all information is typically recited in the online question as posted. PLEASE do not contact me directly; I am NOT accepting new clients at this time, and only volunteer here on AVVO to "give back" after a long and rewarding career. Good luck!
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline