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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 2156
Experience:  Practicing Attorney with 10 years experience
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I have been a resident of a private gated community years

Customer Question

I have been a resident of a private gated community for 10 years and was issued a barcode to get into the community. There are two gates one for residents and one for visitors and delivery vehicles. Recently I decided not to pay my annual fees as I am disputing how our master board runs the club
So my question is they have the right to deactivate my car barcode and make me now go through the visitor and delivery gate or can I just go to the resident gate and let resident traffic build up behind me until the guard raises the gate
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Asad Rahman replied 1 year ago.

I understand your dilemma. They do have the right to withhold your residential entrance code until your fees dispute is resolved. I know that is not the optimal answer, but HOAs do have a lot of latitude in these situations. You can try holding up traffic but if this were then to go to litigation, that sort of conduct would put you in a bad light with the judge. You also do not want them seeking any sort of legal action against you such as an injunction as it would be costly and time consuming to defend.