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SonyT (Florida)
Posts: 6
Posted:
Hi All,
We live in the gated community in Seminole County, Florida. We discovered that the Fail-Safe mode from our automated gates (entrance with battery + exit w/o battery) had been deactivated or removed (screw to prevent the gate to engage in lock position.) I sent the email to the Property Management, whose company has been managing our community, to inform them about the problem of the exit gates and asked for the procedure of how to open the gate in case of power outage/emergency. I could not believe their reply: the BOD members would come to the gates and manually open the gates in case of power outage, and we would not release the procedure to homeowners. Then I went online and checked out the specification the gates based on the manufacture and the model number. That is why I learned that there was Fail-safe mode on both gates. I called the gate manufacture; Doorking Inc. and asked them for their advise. The technical support staff explained that the reason that I could not push-and-open the gate gate with a very minimal effort in case of power outage because the Fail-safe mode had not been install (50 cent-screw) or had been removed. I went to talk with the members of the BOD, some said that It would be very expensive to have that feature on the gate! (these members obviously did not know anything about the gate specification) the other would say because they worried the homeowners would open the gates without their approval like "garage sale!" ... but none of them did not read the specification nor knew the name of the manufacture and the model till I brought to their attention. I even called the fire chief marshal about the fail-safe mode and the UL-991 and UL325, the fire marshal did not answer my email, however, on the phone, he gave me his opinion and interpretation that it would be ok for his fire department to access the site as long as one gate is open and about the fail-safe mode ? he never heard or awared of such feature (right now the entrance gate is open and the exit gate is in locked position during power outage) And I asked for some reason that the entrance gate might not be opened due to the worn-out / weak battery or mechanical failure then there was no way in + out, ...he was silenced and then just said "good bye!" ...
-Up to now :the entire of the BOD and Property Management Inc. have oficially awared that it only cost two 50-cents screws for two set of gate to reactivate the Fail-safe mode (the Doorking sent the diagram and it is very very simple procedure) But for some reason they are playing stoned deaf (they already issued the memo that is the way it should be before they knew that the fail-safe mode is on the specification of the automated gate units!)
-How can we let the BOD and Management Company know that they are tempering with somebody's live-and-death issue in case of emergency, and the reason the gate manufacture designed that Fail-save mode is to save critical time, therefore, is to save lives. We as the homeowner do not want to rely on their mercy on how fast for them to come to open the gate at 2 o'clock am during the thunder storm/hurricane, especially not even mention that they might get injured themselves ... The whole notion of deactivate the safety device from the manufacture in order for BOD have a tighter control on the gates versus of the notion of saving critical time therefore saving live seems very illogical to me.
Please we need your feed back on this issue.
Thanks in advance,
Sony

PS: I am new and did not aware of the rule that I should not write down the real name of company. For that I'm sorry.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
... even $ you live in a 55+ community

send a registered/rrr letter to the registered agent of the HOA explaining the situation and cc the letter to your attorney

then YOU are 'off the hook' for any $$$$$ assessments due to a lawsuit, and the BOD would be 'hooked' w/o D&O coverage due to willful breach of fiduciary duty and/or deliberate malfeasance

IMO: they are a bunch of (*&^%$$%^&*(s
SonyT (Florida)
Posts: 6
Posted:
Hi JohnB26,
We live in the community of 92-93 homes.
-RRR= Register, receit and return = certified mail ?
-I am not a member of BOD, I do not hate them (eventhough some of them had broken the law of tresspasing by enter the homeowner gated backyard w/o permission, or being "bully" on the minotity homeowners, we just try to help/inform them to aware of rules and regulations in the city,in the county, and in the federal levels that would impact/supersede the HOA's CCR; such as ADA, HUD or tampering with the safe device in this case (UL-991 and UL 325) ...
- Does anyone else haveany information on this issue ?
-Is it a new or rare issue among HOA communities?
Thanks,
JohnB26 (South Carolina)
Posts: 1,569
Posted:
rrr = return receipt requested

if the registered agent signs for the certified mail letter the (incorporated) HOA 'has been served'

if the agent refuses properly addressed mail he is performing an act of malfeasance and leaving him/herself open to personal liability

trespassing = a police matter, file a complaint with local law enforcement

all notification(s) of violations by the BOD should be addressed to them (or the 'agent') IN WRITING or they will plead 'we were ignorant, we are just volunteers, we did the best we could, etc.'

unfortunately this is not a rare issue, however, you CAN make them adhere to 'rules' by informing them IN WRITING with proof of delivery and pointing out that WILFULL malfeasance is NOT covered by the D&O liability insurance (only erroneous actions of misfeasance made in good faith are covered)

good luck ... 'bail out' when you can ;)
SonyT (Florida)
Posts: 6
Posted:
Thanks JohnB26, we made a very "stupid mistake" when we moved down here from Ohio. We had no glue what was HOA all about. That was our ignorance and our next house would not be in HOA!
JohnB26 (South Carolina)
Posts: 1,569
Posted:
DITTO .. N.Y. -> S.C.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
You can bet if the place went up in flames and the fire trucks couldn't get past the gates, and the place burned down.......the insurance company may refuse to pay.

Yes, you need to fix emergency vehicle access.
SonyT (Florida)
Posts: 6
Posted:
Thanks All,
Today I followed your advise to search for our HOA insurance. I emailed the Property Management to inquire the insurance name, phone number and address. They just gave me the name! Then I do little research from Google to find down that the insurance company is in the same office with the property management. Furthermore the president of the property mangement is the spouse of the president of the insurance who underwrites our HOA policy.

Here is the story:
Last years some guests from one of the house in our community got out of hand during the party and got into a fight and fled the scene around 2:00am before the cops came (we could hear the screeching tires and the big-bangs) . They, the guests, damaged (knock-out!)the exit gate. Make the story short, instead of going after the homeowner who violated our HOA-CCR-Section- 6.14 Damage to Common Property by Owner, the Property Management persuaved the BOD to use the HOA funding to fix the gate because it would be "very complicate matter" to ask/prove the insurance company (her spouse's) to cover it. The BOD accepted the deal and 3.5 months later the 5 members aggreed to raised 10% annual fees!

From the safety issue of the gate led to "conflict of interest!" between the property management and insurance provide we do not know how to help our community from here ...
Thanks for listening ...

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