Issue w/ HOA!!!!!!

[InHOAhELL]

What is the name of your state (only U.S. law)? Florida

I live in a townhouse in Miramar, FL since its purchase in 1997. I have a gate which allows direct access to the pool area from my lot. I am now in receipt of a letter from the HOA stating that this gate cannot remain as it creates a liability that involves the Association, and that prior to renewal of the insurance policy for the common area, which includes the pool, this gate must be removed. I have been given 30 days to complete the requirement.

My question is, Now after 11 years there is a concern for liability? There's never been a problem before why should I have to remove my gate now? There are other homeowners who also have gates that lead to common area playgrounds and such. By the pool there are only two gates, mine and my neighbors. No other properties back up to the pool area. I don't think its fair that I have to remove this door after so many years. Is there anything I can say or do so the HOA will let me keep my door? PLEASE ADVISE>>>> TY

 

[HomeGuru]

What is the name of your state (only U.S. law)? Florida

I live in a townhouse in Miramar, FL since its purchase in 1997. I have a gate which allows direct access to the pool area from my lot. I am now in receipt of a letter from the HOA stating that this gate cannot remain as it creates a liability that involves the Association, and that prior to renewal of the insurance policy for the common area, which includes the pool, this gate must be removed. I have been given 30 days to complete the requirement.

My question is, Now after 11 years there is a concern for liability? There's never been a problem before why should I have to remove my gate now? There are other homeowners who also have gates that lead to common area playgrounds and such. By the pool there are only two gates, mine and my neighbors. No other properties back up to the pool area. I don't think its fair that I have to remove this door after so many years. Is there anything I can say or do so the HOA will let me keep my door? PLEASE ADVISE>>>> TY

**A: the answer is no. Your gate is a liability due to the pool access. The HOA rules on this one.

 

[InHOAhELL]

Issue w/ HOA!!!!!! II

How about a waiver? Can I propose drafting a waiver that I sign waiving all liabilities from the Association? I understand that the HOA's enforcement on something that doesn't affect everyone else in the community is discretionary. How about all the other gates in the community that open to common areas? Are they not a liability as well?

 

[FlyingRon]

Your waiver is unlikely to get the insurer to issue coverage which is the issue. Most likely in addition to the liability issue, there's probably a code issue to you having such a gate.