Get 6 months of free community web site hosting from Community123.com!
Thursday, January 08, 2009
Banking Solutions for Community Associations (NCB) (National Bank)
Finance repair projects or deposit reserve accounts with NCB, an industry leader with over 25 years experience. Learn More…
HOA Websites by Community123.com (National Community Website Provider)
We built HOATalk and we'll build your community website for free!  Click here for information on a free trial website.
IHG Insurance (National Insurance Provider)
Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability.
Community Associations Network (National HOA Reference Library)
News, articles and blogs about condos/HOA's
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Gated Community
Prev Next
You are not authorized to post a reply.
Author Messages
MaureenM1
(New Jersey)

Posts:29


07/25/2008 8:32 AM  
I live in a gated community, however, the gates have not been operational for two years. The builder and the developer are close to having them operational. Our development is new and was never a thru way for the neighbors. For two years the neighbors (in the surrounding houses) have been using our development as a drive thru to other roads that they didn't have access to before.

Recently the builder closed one of the gates (to alleviate thru traffic) however, it is still not operational. There is a chain on the gates that is not locked and can be taken off in case there is an emergency. We have people in the neighboring houses surrouding our development, coming through (the front gates), taking off the chains, opening the gates, driving around the gates onto the sidewalk, kicking the gates, and verbally abusing homeowners that stop and question them. The builder has barracaded the sides of the gates and will be installing poles so when the gates are operational cars will not be able to drive around the gates. The police have been called four times in two weeks. I have also reported this to the Association and builder.

Other than calling the police and getting on the builder and the association to have the gates operational,is there anything else that can be done?
GeorgerwilliamsW
(Indiana)

Posts:768


07/25/2008 8:39 AM  
Wow!

Your best bet for action is to call the local fire and EMS service for help.


I know of an instance where a fire truck rammed the gate to gain access to a fire in a gated community and then sued the community association to pay for the damage to the truck. It was an expensive proposition.

DonnaS
(Tennessee)

Posts:2948


07/25/2008 8:51 AM  

MAureen,
From your other post, I understand that you have not had your "turnover" from the developer yet. Therefore, those gates belong to him and he is the one who needs to solve the problem. Gates are supposed to be operational once they are installed. Get on his case and show him any proof of the problems that your community is having because of the gates and how they are working or not working. As long as the Fire Dept can get thru without any problems, they will not assist you.
GeraldT4


Posts:934


07/25/2008 12:53 PM  
MaureenM1 - Curious how the residents will gain entrance and exit once the gates are operational? Will there be an electronic keypad, a guardhouse with attendant? Your Borough Building and Code Department should know. It may also be outlined in the promotional sales materials as well as in the estimated operating budget and your governing documents.
You are not authorized to post a reply.



General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement