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You should call the cities ombudsmen. It's difficult to understand the placement of the gate, property, hoa property, and road. Maybe a picture or drawing?
Access to property can be restricted if it involves private property. That being said, you have to have access to your property in order to get a C of O. So it is more likely that this gate is not the ONLY access to your property, thus the HOA is not blocking access to your property, but limiting access to THEIR property.
Without more info or a map it sounds like a previous home owner put in an rv gate on an hoa fence to access an hoa road. The fence was in to limit your access to hoa ammenities, not to have access to your yard. The high fee is their way of telling you to keep out. Doubt they will ever use the gate. Talk to them and have the gate removed.
If the fence is mine, then it's reasonable to assume the gate is mine to. So in order for the HOA gardener to assess the HOA property on the other side of the fence, they are stepping on YOUR property to do it. So they can trespass on your property and you can't trespass on there's? Put lock on the damn gate and send notice to the HOA. NO access through your property unless they give you access to theirs. Fair is fair after all.
If the fence is mine, then it's reasonable to assume the gate is mine to. So in order for the HOA gardener to assess the HOA property on the other side of the fence, they are stepping on YOUR property to do it. So they can trespass on your property and you can't trespass on there's? Put lock on the damn gate and send notice to the HOA. NO access through your property unless they give you access to theirs. Fair is fair after all.
Tech
Unless I misread the original post, your assumption in incorrect.
The fence is on the property of the homeowner and the fence has a gate that opens onto the HOA's Private Property.
It is the property owners landscaper (not the HOA's landscaper) that was crossing over the HOA property to enter the homeowners property via the gate. I assume this was done as it was more convenient for the landscaper to park on the HOA'S Private Road/Property and cross the HOA's Private Property to access the homeowners property that way.
Notice my use of the expression of Private Property. I think many knocking the HOA's Private Property right would be the first to defend their own Private Property rights. Additionally some of the posts are just another anti-HOA rant.
The gate is between my property and the road that belongs to the HOA. I is the only way for me to access that part of the yard.
We really need clarification here. Is "that part of the yard" owned by the homeowner, or the HOA? If it's owned by the homeowner, why would you erect a fence that blocks assess to part of your property.
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