Can an HOA dictate that certain homeowners can't use the residential access gate, they have to use the visitor access gate?
I know this is a point of contention, it has a lot of people fired up, and I'm trying to determine if these HOA actions are within both Florida statue as well as case law.
2 attorney answers
As long as the HOA follows the proper statutory procedures for fining and suspension of use of common elements, they can require violators (any violation) to use the visitor's gate. There is an argument to be made whether or not the HOA has to have the authority to fine and suspend in their governing documents (Declarations, Bylaws, Articles and Rules and Regulations) or if the statute provides the authority to fine and suspend. The old version of the statute required the language to be in the HOA documents, but the 2010 version did away with that requirement. I could go down a rabbit hole arguing whether the 2010 statute is applicable or violates the constitutional prohibition on retroactive application to a contract, but until these arguments are made and ruled upon by an appellate court who publishes an opinion by someone with lots of money to find out, my arguments are merely my opinion.
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This would depend on the governing documents of Association, which we can't review here on line. But it certainly sounds reasonable to me, this way the Association can keep track of those speeding through the community, no? Seems like the only folks it would get "fired up" - are the speeders. But it aint up to me; your Docs will control. Hope this helps. gsg .
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