Help! The guard at the gate won't let my buyers in!

[StartingOver08]

As some of you may know, I am a Realtor. I just got a call from one of my sellers today informing me that the guards at the gate will no longer allow Realtors and their buyer clients in to see her home unless she is physically there to let them in. There is a lockbox on the front door.

The seller is behind on her HOA payments. The management company says "Letting people in the gate is a priviledge, not a right". Her house is on the market to sell - so she can pay the HOA fees and move on. Naturally it is a short sale. I have never had a management company say that they can stop visitors from coming in because of the past due payments.

This doesn't sound right to me. What can we do? Do you know if this is possible?

[IBroke]

The HOA can put a lien on the property - but they can't deny access to that property to ANYBODY as long as she approves.

Now what's the next step? They could also deny her the right to leave and enter the community if I follow that logic...

[StartingOver08]

Thank you IBroke - you and I are thinking along the same lines. What do you think she should do -- have her attorney write a letter to the association?

[IBroke]

have her attorney write a letter to the association?

That might do it - getting an "official" letter and seeing facts in writing often "motivate" some people to think about the nonsense they were doing..

[forgotten]

The seller is behind on her HOA payments. The management company says "Letting people in the gate is a priviledge, not a right". Her house is on the market to sell - so she can pay the HOA fees and move on. Naturally it is a short sale. I have never had a management company say that they can stop visitors from coming in because of the past due payments.

Tell them they are right, and they should pay off the first and foreclose on the property to really stick it to her!

[AngelinaCatHub]

A gated community idea is to allow a protection feeling to those who purchased inside the gate. However, it is not designed as a prison and any one who has real reason to enter should be allowed to enter. Unless there is a Trespass order on some individual, I believe the HOA is breaking the law. Also dis allowing ingress and egress to a home through a right of way is illegal. Maybe MSBkattorney could chime in on this. 'Hub

[hereforinfo]

Wow. Sounds like the HOA is cutting off their noses to spite their faces. Don't they realize it's in their best interest to let buyers in and get the house sold, so they can collect the HOA dues?! Can her attorney draft a letter for her?

[StartingOver08]

Wow. Sounds like the HOA is cutting off their noses to spite their faces. Don't they realize it's in their best interest to let buyers in and get the house sold, so they can collect the HOA dues?! Can her attorney draft a letter for her?

Exactly right! BTW, the first is foreclosing. We are in one of the very hardhit areas and she is underwater by about $200k. As to the gated communities, here in South Fl most of our communities built within the last 15 years or so are gated. Its tough to find one that isn't!

BUT, this is the first time I have heard of the gate/HOA restricting access to the community as a result of past due fees. The most common remendy, besides the lien on the house, is to restrict the owners/occupants from use of the recreation facilities. I understand that - but not access to the house.

What happened to property rights???

[hereforinfo]

Yeah, I am pretty sure it's illegal in Florida to restrict access to the property because of unpaid HOA dues. Amenities yes, access to their property no. Someone should look up it up and forward the link to her management company.

I just did a quick search and it the law states: "Suspension of common-area-use rights shall not impair the right of an owner or tenant of a parcel to have vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park."

It only mentions the owner or tenant, but says nothing about their guests. I guess it's possible that she would have to accompany the potential buyers since they can't restrict her access.

Even if what they're doing is legal, the HOA is still hurting itself. I think it wouldn't hurt to have her attorney write a letter and see if it helps.