HOA disabling key box codes legal, if perhaps inconvenient
Q: I live in a gated community, and there are two ways to get the entrance gate to open. With a remote or inputting a code in the key box. The board is going to allow only the remotes to open the gate and disable any codes in the key box. Frankly our gates aren’t that reliable to have only one way of opening the gate. I haven’t been able to find anything that says they can’t do it. They said some companies would have FOBs that would open the gates at no expense to the community. But if other companies can’t do the FOBs, they will have to call the homeowner to be let in. Do you have any thoughts on this?
A: Under NRS 116.2111 (2a), an association may not unreasonably restrict, prohibit or otherwise impede the lawful rights of a unit owner to have reasonable access to his or her unit. Even though your association is changing its access method for your gates, they are not violating any state laws. The change may be an inconvenience at times, but your board may think it will improve security to your community as gate codes are too often randomly shared with nonresidents.
Q: Looking for some advice.
(A person who is accused of a recent violent crime) is a homeowner in our HOA. Needless to say both the board and homeowners are concerned about an individual such as this being here.
Arrest report also includes a variety of criminal charges.
What, if anything, can the HOA do?
A: Our laws state that you are innocent until proven guilty.
Can your association do anything? Not really. You can see if the police will allow you any updates as to this person’s disposition. If you currently have any security on the property, you may want security to focus in the person’s area.
To stay out of trouble, contact your association’s attorney for more specific advice.
Barbara Holland, CPM, CMCA, AMS, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.
