Remote Denial

Source: Adrian J. Adams Esq. 

QUESTION: Can the board deny a homeowner entry and exit by not allowing them to purchase a remote?

ANSWER: They can’t deny ingress and egress but they can deny a remote, depending on the circumstances. If you’re delinquent in your assessments, the association can suspend your privileges. One of those privileges may be the use of a remote to open the front gate. As long as you have another means to open the gate such as a keypad, the loss of the remote is a mere inconvenience. Those who pay for the convenience, receive it. Those who don’t, don’t.

Street Parking. If, however, there are no other means of opening the gate, the denial of a remote becomes murky. You can still park on a public street and walk to your unit (assuming you have a key to the pedestrian gate). That means you still have ingress and egress. You just can’t drive on the association’s streets because you no longer contribute to the maintenance of those streets (or the maintenance of the gates or anything else). This is more aggressive and its enforceability less clear. By analogy, California won’t suspend your drivers license for unpaid taxes but they will ground your car for unpaid registration fees and fine you if you drive it.

Reckless Driving. If your driving has endangered the safety of other residents, the board can suspend your driving privileges for an appropriate period of time. You still have the right of ingress and egress via taxi, bicycle, walking, etc. You just can’t drive. That’s no different than the State of California suspending your license for recklessly driving on public streets. Driving is a privilege not a right. Following due process, your driving privileges can be suspended.

RECOMMENDATION: If your board suspended your privileges because they don’t like the tie you wear, it’s time to call a lawyer. If you’re delinquent, stop whining and pay your bills. If you’re a reckless driver, stay out of my neighborhood; I would prefer not to get run over.