Can an HOA Turn Off Electronic Key Access to Garage for Deadbeats

[invader zog]

My question involves a condominium located in the State of: California.

About 40% of our owners are currently in arrears. We are currently spending more than we are receiving and the HOA board is very concerned about property taxes and our reserves. We have been turning over people who owe >$1000 to collections but most of the owners are still ignoring these efforts.

All owners own two parking spots within the garage. Entry to the garage is controlled by:

1. A remote control
2. A digital intercom system

The garage spots are clearly the property of the individual owners and not the HOA, but can we shut off access to the digital intercom system and refuse to renew their remote control codes (we rotate them periodically)?

From our perspective, we wish to further increase the pressure on the owners as well as not provide services to people who are not paying their fair share.

I read a note about an HOA that did this at:

http://www.hoanewsnetwork.com/media/..._residents.php

Can we legally do this?

[invader zog]

BTW, should have mentioned that the legal theory we were wondering about is: while the garage spots are the property of the owner, access to them (i.e. via common area garage door/etc) is common property and under the control of the HOA.

[Mr. Knowitall]

I suggest that the HOA ask its lawyer how it can go about doing this. I expect it will take an amendment to the association rules (and possibly its bylaws). Without reviewing those documents, nobody here can tell you whether they're presently permissible.

[invader zog]

We are a relatively small condo (14 units) and do not have a lawyer.

Any sense as to what sort of content/sections/etc would cover this? It has been quite some time since I read the rules A-Z, but short of (by my memory) of some generic language about common vs. shared spaces, I don't recall much of anything that specifically addressed the issue.