Voting to keep gates open in gated community

I live in a planned community. It was marketed as a gated community. When searching for a home one of our main requirements was that the community be gated. We have an eight year old daughter and we wanted gates so that cars would need to slow down both coming in and going out. The community we bought at had gates at the entrance of each cul de sac. We were told during the construction phase the gates would open during the day and closed at night. We were also told that while there was a model on the street, the gates would be opened after noon to allow potential buyers in. We were assured that after construction was complete and the model sold, that gate would be closed. The streets that were finished would have their gates closed and those that are still in construction would be on the closed at night schedule. Construction has been completed on our street and I asked that the gates be closed. The developer still has control over the community. When asked the management rep (this is our second management company in three years) about closing the gate, she looked at me like I had two heads. She stated that the policy was each street would vote and decide if the gates would remain open or closed. The original homeowners on the street were younger and we outnumbered the retirees. In the last three years all of the new homeowners are retirees with no children at home. They want the gates open because it is more convenient for them. They are planning on going to the board meeting with a poll they took between 8:30 pm to 9:00 pm going door to door unannounced. The majority votes during the nighttime run was to keep that gates open as they are. Can they go to the board with this? I bought into a gated community. My house cost more than the same type of house in the complex next to us because it has gates. The selling price included the gates, the entrance station at the end of the street, the phone lines to my house and installation of the system. When those gates are voted open, I will immediately lose property value and live in a non-gated community. Does the association have the power to vote on the type of community I bought into? - from gated to ungated? How will I be compensated for the loss in my property value. I will not be able to live here if the gates are open. Will the developer or the association be liable for buying my home back, reimbursing me for closing costs and moving expenses due to false advertising? Please help - any advice would be most appreciated.

Hi LoriH1,

I live in a gated community and value the service.

You must make a compelling public argument to the Board President tying the gate to its benefit of increased security and property value. Statistics help. For example, go to http://www.crimedoctor.com/gated.htm. It states adding an attractive automatic entry gate system can easily add $50,000 or more to single family home values within some communities regardless of whether it has any effect on crime. Go down to your borough municipal building; look up the property values/latest sales of surrounding houses. Do a comparative study. Get a petition going to keep the gate.

Any law enforcement officer will tell you that many robberies occur during the day; those crimes that occur at night are equally if not more dangerous. The gate is a deterrent that definitely reduces crime however it is not a failsafe.

The petitioners are seeking an amendment to the Declaration. The governing documents should explain what is required to amend. This is very serious stuff and someone better stop them in their tracks so they follow the process.

At the end of the day if the petition indicates enough want it gone, then you are fighting a loosing battle.

Best of success!!
GeraldT1
NNJ