Electronic Gate Malfuction

Who is responsible for an invitee coming onto a condominium complex claiming car damages from the electronic gate. The condominium claims that signs posted warn drivers who try to "beat" the gate. Shouldn't the gate stop when a car or anything is across the eye? 6 months ago and still unresolved. The driver did not have collision (older car) and the complex claims no responsibility.

Yes, there are other damages to cars that I have been told were reported, but have not verified.
Also the Board of Directors has refused to give the name of the insurance company. A police "incident" report has been filed per the State of Florida (no other person or driver involved), and BBB complaint filed with "no resolution" as outcome.

Rachael,

What type of gate is it? A Swing open and close, an up and down arm or, a slide by system.? Depending on how sofisticated the gate system is might determine if the system even can sense an "intruder"

I wish that I had a nickle for every car that tried to beat the gates and lost. If the gate is malfunctioning, then the Board has to fix it and may be responsible. Like Susan said, what about the car owners insurance but on an older car, there is likely no coverage on damage or the deductable is high.

Your gate has a warning sign which tells me that like you said, people always try to beat it. And they often lose. The warning sign is posted and when you asked about the car not being observed once it crossed into the eye, tells me that someone was playing chicken with the gate and lost.

Someone filed a complaint with the BBB? Against the HOA?

My HOA in Florida had a continuing call to the welder to come and weld the dang gate back together almost monthly, sometimes more often. We had the slide by gates and everyone who was just plain dumb---yes, dumb, tried to make it thru. These gates are expensive and BIG!! Why would someone try such a dumb thing.

OK I got several comments on driver error. I was not there so I will not comment. The HOA claims video of the incident, yet refuses to produce it. That sounds like error to me....lol. Anyway, the law is what matters. I am at the point of giving this case to an attorney. It is for one of my residents at my complex who was visiting a complex out of our county. Our HOA would have complied and paid the claim if it happened on our property. The complex in question does not deny the damages, yet somehow they are getting away with not even divulging their insurance company. That is ridiculous! And as far as those comments on the driver being in error - I wonder how you would feel if it were a child walking into the complex and not a vehicle?

The driver told me he called his own insurance company and was told he did not have collision coverage to get his repair. Are you saying he should still send all the information and ask his insurance to go after the HOA to pay?

Rachael,

He does not have collision insurance, just like I posted above. His insurance will not pay for a repair nor will they chase the HOA for payment because he does not have collision insurance.

Do nothing. Your not getting sued, no insurance company is calling you. Ignore them until they file action.

Yes, thank you for the responses. In this case it will sit well with an attorney. The HOA will learn to operate within ethical and legal parameters and the victim will recover.

Rachael,

It really puzzles me why you went thru this story about-----" is for one of my residents at my complex who was visiting a complex out of our county. Our HOA would have complied and paid the claim if it happened on our property. "

It was you and your car apparently so why skirt around all of the facts? People posting here are not legal reps. and do not care if it was you or your imaginary aquaintance. All we want are the true facts. How do you know about other incidents at the Palm Beach HOA? How do you know that the gate malfunctions other than hear say?

Dear DonnaS,
It really puzzles me why you assume "it was you and your car apparently, so why skirt around all of the facts?"
Then you go on and add insult to injury saying more. I gave you the true facts. It was NOT ME. It was NOT MY CAR. I did not tell you anything but the true facts. As far as the "other incidents" and the "gate malfuctions" it is just hear say as I said! You need to read and comprehend what is written more diligently and ease off the paranoid accusatory tone.

That was my reply to SteveM9 who posted a message intended for the HOA. I simply tried to tell him he had it backwards. Anyway no harm. The driver is only 19 years old and he was visiting a friend who moved to WPB from our county and I was asked about this whole mess because I have served on my Board for almost 9 years now and frankly I never heard of a Board refusing to give their insurance. His car is a wreak and it is actually in violation of our car and parking rules, but I tend to think the HOA in WPB deserves a letter from an attorney or better yet a filing of a case. I