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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 37965
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I am a tenant in a gated community. I just moved in 3 weeks

Customer Question

Hi,
I am a tenant in a gated community. I just moved in 3 weeks ago. My gate remote was de-activated for over a week. I can't get into the community. HOA admitted they have de-activated it.
Their reasoning being that there were too many different cars parked on my driveway. I checked the HOA rules an none of them were parked against the rules. I did not receive any parking violations. I had my friends and family come in and help me move, which is normal and expected.
I have been warned before I moved in that the HOA here is very strict. I did not realize that meant noisy and hostile.
I've been calling them every day this week and they keep saying they will look into it an call back, but never do. What can I do to gain access to my home? I am pretty sure they are violating some law by not letting me into my own home/condo complex.
Any advice would be great. Thank you.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.

Hello,

The HOA is in breach of covenant, if it is enforcing a nonexistent rule. The HOA has also committed the tort of intentional interference with contract (i.e., your lease agreement), because it is preventing you from enjoying the benefits of your lease with the property owner. And, the HOA is committing a private nuisance, which occurs where a third party acts in a manner that deprives a person in lawful possession of property of the quiet enjoyment of their possession.

Unfortunately, there is no government agency to which you can complain. This is one of those circumstances, where you will have to demand that the HOA immediately activate your gate remote, or you will be forced to sue for damages and an injunction. You can also demand that your landlord get involved, or risk being sued as well, because if the landlord defends the HOA, then he is in breach of the lease agreement, too.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 year ago.

Do you require further clarification, or is everything satisfactory at this point?

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