I have a friend whose HOA has threated to block their guests unless she personally escorts them in. They are doing this as an anti-renting strategy, but of course they have no way of knowing whether a guest is her sister, a renter or what.
Assuming the owner notifies the gate that the guest is authorized to enter their property, can the gate nevertheless refuse entry to the person?
I assume this would an actionable tort for denying the home owner the full enjoyment of their property. Am I correct?
My understanding is that if an HOA thinks an occupant of a house is there in violation of a covenant, then they have to go to court to get a remedy for that; they can't just block them at the security gate.
Further research indicates a couple of things: a renter who is denied access by a gate guard could apparently make a claim against the HOA for tort of nuisance and free enjoyment of the property to which they are entitled.
A visitor, however, could not make such a claim, so in that instance what recourse does the property owner have? In other words, if a party prevents a visitor invited onto their property from entering the property, does the property owner have a claim against the person blocking access?