Chicago, IL asked in Land Use & Zoning and Real Estate Law for Ohio

Q: In Ohio, is a Property Owners Association allowed to revoke owners gate pass access for past due annual fees?

1. No notice given about late dues and or gate access being revoked. 2. There are two gates one is automatic which can only be opened by a gate access card or by a key fob whether you're entering or leaving as well. The other gate is chained and locked shut with no keys given to property owners. 3. Some of the board members have taken it upon themselves to inform other owners about those with past due fees. Some have even used their vehicles to block others without cards from entering and leaving the property. 4. There are several individuals that do not own property in the community that have gate access and that issue doesn't seem to be a problem being that some of them are related to board members or family. 5. There has also been verbal abuse/bullying/name calling by board members and friends/family of board members. 6. There is no mention of gate access privileges in the CC&R's or By-laws only mention of community amenities being suspended for past due fees and assessments.

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Real Estate Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: It is very unlikely that a judge would allow that. But you might need a judge to put that in writing. Use the Find a Lawyer tab to retain a local real estate attorney who can review the homeowner documents, contact the board on your behalf to demand access, and file in court if necessary.

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