My question involves real estate located in the State of: NC
I own a vacation rental that my guests need to drive through an automatic electric gate to access my property. The community has 99 lots for which there is only one house that is used as a vacation home. One other house is being built but there are no full time residents.
I am not part of the HOA and I rent my house over 200 days a year.
The HOA has had numerous problems with the gate and for most of the 7 years that I have had this property the gate is wide open. They have used padlocks with chains in the past but someone always cuts the chain or takes the lock.
This past Friday the HOA decided to weld a metal box on the gate about 4 feet off the ground in which the combination lock is located inside. In order to open the lock you need to crouch down and look up into the box to set the correct combination. If it were dark outside you would need a flashlight to see into the box. This would difficult if it were also raining and you had glasses on and had to look up into the box holding a flashlight with one hand, then the dial with the other and try to keep your glasses from getting water spots on them.
I'm also concerned that the HOA does not have an on site manager to fix the lock if it were to malfunction. One of my guests could get stuck inside the community with no way out posing a serious safety issue. In the case of an emergency it would be difficult to exit.
One more note the HOA wants my guests to close the gate each time they enter or exit.
My question is what legal restrictions can an HOA impose on an easement holder to enter their property? Can the HOA arbitrarily decide that a padlock should be used instead of the original electric gate?
I own a vacation rental that my guests need to drive through an automatic electric gate to access my property. The community has 99 lots for which there is only one house that is used as a vacation home. One other house is being built but there are no full time residents.
I am not part of the HOA and I rent my house over 200 days a year.
The HOA has had numerous problems with the gate and for most of the 7 years that I have had this property the gate is wide open. They have used padlocks with chains in the past but someone always cuts the chain or takes the lock.
This past Friday the HOA decided to weld a metal box on the gate about 4 feet off the ground in which the combination lock is located inside. In order to open the lock you need to crouch down and look up into the box to set the correct combination. If it were dark outside you would need a flashlight to see into the box. This would difficult if it were also raining and you had glasses on and had to look up into the box holding a flashlight with one hand, then the dial with the other and try to keep your glasses from getting water spots on them.
I'm also concerned that the HOA does not have an on site manager to fix the lock if it were to malfunction. One of my guests could get stuck inside the community with no way out posing a serious safety issue. In the case of an emergency it would be difficult to exit.
One more note the HOA wants my guests to close the gate each time they enter or exit.
My question is what legal restrictions can an HOA impose on an easement holder to enter their property? Can the HOA arbitrarily decide that a padlock should be used instead of the original electric gate?
Use and Enforcement: Padlock on Automatic Electric Gate
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