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HOA trying to prevent access to my house

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hpquestions

Junior Member
What is the name of your state? Florida
I own a house in a gated golf community in Florida. I bought it for the purpose of renting it out for vacation rentals. I was clear to the realtor my intentions and he lead me to this house in this neighborhood of which he is a resident. Since then I have been informed that in the community handbook there is a restriction of one month minimum for vacation rentals and a $100 transfer fee to use common facilities for each new tenant. The house is maintained in immaculate condition and is managed by a agency which screens all clients. The agency has indicated a willingness to comply with these demands. Although this undoubtedly will be very costly for me as most vacation rentals are two weeks in length. Last night at midnight my wife's mother who flew across the country for a little vacation was denied access to my house. She is not paying rent but is merely using my place because she is family. Apparently there was a letter from the HOA restricting any access to my house. I had even phoned the security booth the day before to ensure she would have no trouble and would be welcomed. Fortunately she was able to call me and I spoke with the guard who had sympathy for her and he let her in, but I still have to deal with this letter as the mother in law is very concerned about her ability to enjoy my place and get in and out of the community.
 


JETX

Senior Member
hpquestions said:
What is the name of your state? Florida
I own a house in a gated golf community in Florida. I bought it for the purpose of renting it out for vacation rentals. I was clear to the realtor my intentions and he lead me to this house in this neighborhood of which he is a resident. Since then I have been informed that in the community handbook there is a restriction of one month minimum for vacation rentals and a $100 transfer fee to use common facilities for each new tenant. The house is maintained in immaculate condition and is managed by a agency which screens all clients. The agency has indicated a willingness to comply with these demands. Although this undoubtedly will be very costly for me as most vacation rentals are two weeks in length. Last night at midnight my wife's mother who flew across the country for a little vacation was denied access to my house. She is not paying rent but is merely using my place because she is family. Apparently there was a letter from the HOA restricting any access to my house. I had even phoned the security booth the day before to ensure she would have no trouble and would be welcomed. Fortunately she was able to call me and I spoke with the guard who had sympathy for her and he let her in, but I still have to deal with this letter as the mother in law is very concerned about her ability to enjoy my place and get in and out of the community.
Thank you for your very interesting story. After reading about your mother-in-laws experience at the gate, I was sitting on the edge of my seat hoping that she would be able to find a solution. WOW!! She did. Joy!! Joy!!

However, since this is a legal ADVICE site, it would have been nice if you had asked at least ONE question.... or had some legal issue. Have a happy day!!
 

hpquestions

Junior Member
How do I get the HOA to back off

The question is how do I get the HOA to back off and to stop the restrictions to access my house.
 

JETX

Senior Member
hpquestions said:
The question is how do I get the HOA to back off
Start by reading your HOA 'Articles of Incorporation' and By-laws. See what processes are requried in order to amend the rules. Then, go out and get sufficient signatures on a petition to change them. Finally, have a vote of the homeowners and hope that you have enough members agree with you.

and to stop the restrictions to access my house.
There is nothing in your post about YOUR being restricted from accessing, only the 'guests' who are in violation of the HOA rules. I assume YOU are free to come and go to your property at your convenience.

In the specific circumstance of your non-paying guests access, I suggest you write the HOA a very nice PROFESSIONAL letter (certified RRR) explaining the circumstances and confirming that the restrictions should not apply to non-paying short-term guests.
 

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