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Can a HOA in a gated community prevent you from freely going to and from your home.

Memphis, TN |

Home is in a loan modification status with the mortgage holder. Curent HOA dues have not been paid. Community has an unattended gate (uses a clicker) and the home owner's clicker code has been canceled so access to his home is being denied.

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Attorney answers 1


I haven't heard of this one before. While you may be able to wait for other cars to open the gate then follow in, that is unsatisfactory. I would start by asking them nicely (verbally and in writing) to replace the clicker or give you the new code. There may be a mediation process in place which should be considered and may even be required in your jurisdiction or in your CC&R's. If you're really mad (and I would be), and have extra money to spend, a civil lawsuit for an injunction, false imprisonment, breach of contract, etc., all may be possible, seeking a temporary restraining order to gain immediate access.

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