Has your Homeowner’s Association taken away your access to the community gate? A new trend among some community associations is to take away or deactivate members gate access clicker or card if they fall behind on their regular assessments/dues. This appears to be a violation of Florida law. Specifically, Florida Statute 720.305(3) clearly addresses the issue with respect to Homeowner’s Associations, stating in relevant part,

(3) If a member is more than 90 days delinquent in paying a monetary obligation due to the association, the association may suspend the rights of the member, or the member’s tenant, guest, or invitee, to use common areas and facilities until the monetary obligation is paid in full. This subsection does not apply to that portion of common areas used to provide access or utility services to the parcel. Suspension does 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. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection.

Thus, there does not appear to be any wiggle room/ambiguity in the law. If the Association encumbers or impairs access they are in violation of the law. If you are confronted with this situation, please contact the law office of David C. Levine, P.A., so that we can discuss the specifics of your situation and see how we may be able to help you with resolving this problem.

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