Legal Question in Real Estate Law in Washington

First read your CC&Rs;to see what is written in there about the gate. Next, familiarize yourself with what the CC&Rs;say about the HOA board's ability to make that type of decision. If they are allowed to do it, make sure they followed the correct procedure. If they did not follow the procedure, write the board a letter and explain why you want it reopened and why they acted outside their authority or explain how they did not follow the proper procedure.

Next, start to attend those HOA meetings. Make friends with as many neighbors or owners as possible. Maybe run for the board, or organize folks to vote you way to ensure the gate stays accessible.

If the board did not follow the proper procedure to close it the first time, you can be sure they will do it right the next time. So your best bet is to try and work with them to convince them why they ought to allow access to it. Maybe there were under the impression that no one uses it and had no idea that you like it so much. This brings me back to reason #308 why you ought to attend those board meetings.

If based on the CC&Rs;the board cannot close access to the gate, then you need to explain this to them (as politely as possible) and if that does not work, then your options are expensive and difficult. Namely, hiring an attorney to try to convince the board to change their position and possibly go to court to gain access to the gate.