WLOS.COM:  Man And HOA At Odds Over Gate

September 26, 2014

BUNCOMBE COUNTY, N.C. — A Fairview man is fighting with his homeowners association because he says it won’t give him access to the gate to get to his house. Jim Bartels has lived here for 12 years, but says he’s been bullied by what he calls “The Gatekeepers.” “I have never gotten a code, since they installed it I was notified that according to them, I was not in good standing and that I was not entitled to a code,” Bartels said.

He says for 35 days, he’s only been able to get in if someone else triggers the gate to open. “My understanding from talking to attorneys is you cannot keep someone from their property,” Bartels said.
The HOA says Bartels hasn’t abided by by-laws, which means he doesn’t have access to common areas including the main road and the gate. Meanwhile they say he should be quite familiar with the by-laws because he was once president of the HOA here.  Read more: