Legal Question in Real Estate Law in California

Security Gate Codes

Can an HOA withhold security gate codes from owners that are not on the HOA Board? Currently only board members are allowed to have a punch in code.


Asked on 1/13/09, 2:08 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Security Gate Codes

One of the remedies might be to run for the board yourself, or campaign for passage of a new rule allowing button access for everyone.

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Answered on 1/14/09, 3:43 pm
Thomas W. Newton Tims & Newton

Re: Security Gate Codes

I think we need more information. Are you saying that 1) only board members may pass through those particular security gates, or that 2) all owners can use the gates but must use some method other than the keypad? Also, where do the gates lead to?

If the gates access common areas of the development, and the board members are the only ones who can pass through those gates, then I think there's a real problem. One would have to see the CC&Rs and bylaws, but it's hard to imagine any circumstance justifying excluding owners of units within the development from common areas.

If all the owners can pass through the gates using methods other than a keypad code, it may not be a breach of the CC&Rs or bylaws for the board to have that little "perk". It certainly seems ill-advised and short-sighted of the board, but not necessarily the basis for a cause of action against them. I'd be interested to hear more.

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Answered on 1/13/09, 4:48 pm


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