why would anyone want to deal with this bullshit?

By Beth Brelje
Pocono Record Writer
June 27, 2010

Gates add exclusivity and security in private communities, but when property owners can't pay association fees, those gates become a punitive tool for bill collecting.

That is the complaint of Gaston and Rosemay Sterlin of A Pocono Country Place. The Sterlins own 12 rental homes and 19 undeveloped lots in the Coolbaugh community, according to court papers.

In 2008, the rental properties were full. Tenants used gate passes to access homes. When the Sterlins' financial situation changed, they became delinquent on association fees for the undeveloped properties, but continued to pay fees on the rental homes.

A Pocono Country Place considered the Sterlins delinquent on all properties and deactivated gate passes held by all of their renters.

It meant that tenants had to go into the community office and register every time they wanted to get through the gate. As a result, many tenants moved out. In Monroe County Court, the Sterlins claimed a loss of $60,000 in rental income and complained that the community wrongfully interfered with their contractual relations with tenants.

Private communities can exert invasive pressure unmatched by municipal tax collectors.

Associations without gates often deny delinquent owners access to amenities such as a pool or other recreation services. Some communities change the key to an owner's mailbox.

At least 56,422 homes are within the borders of private community associations in Monroe and Pike counties. Homes in private associations, some gated, many ungated, account for 38 percent of all housing units in Monroe County and 64 percent in Pike County, according to county and U.S. Census data.

A Pocono Country Place bylaws say current tenants of delinquent property owners will be denied access to the community. New tenants during delinquency are not allowed. The Sterlin case is unresolved. The Sterlins referred questions to their attorney, Joseph Wiesmeth, who did not respond to requests for comment. "It's unfortunate that tenants sometimes get caught in the middle of a bad landlord," said Bob Kimble, community manager of A Pocono Country Place. The hope is that tenants faced with an inactive gate card will pressure property owners to get on a payment plan, according to Kimble, who says the community does not disclose the number of delinquent members.

Renters are not alone. Anyone delinquent at A Pocono Country Place will find their gate pass deactivated. Same thing at Saw Creek in Bushkill. Gate access cards are turned off and delinquent owners must go to a staffed gate to get home.

"Some owners realize the inconvenience is not worth it and come in, and others don't seem to care," said Saw Creek General Manager Dave Martin. In Saw Creek, 10 to 12 percent of property owners are delinquent in paying dues. Martin says it has been steady for the past five years, although there has been in increase in property owners making payment arrangements.

"Gates are our biggest asset when collecting dues," said Lisa Sanderson, president of Penn Estates Property Association Board. "It's the one thing we have that nongated communities don't."

Sanderson did not disclose the number of delinquencies at Penn Estates in Stroud Township, where the gate cards of delinquent property owners are turned off. Once a card is deactivated, owners must go to the welcome center and get a hanging tag for the rearview mirror to get into the community.

"We do not block them from the property. It's just not as convenient," Sanderson said. "It does work. The office gets busier when we do card shutoffs."

All community representatives interviewed stressed that they work with property owners to avoid turning off gate cards. The key is to talk with the office instead of ignoring the debt, they said.

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