Gated Entrance Not Working for Years

Hi. I am a newbie here and am on the Board of our HOA. The developer built a stone wall on land that his corporation owns and the HOA installed a gate with keypads to go in or out. The mechanism was not durable enough for the traffic and was frequently out of commission. However, the developer does not get along with most of the residents and the HOA and refuses to allow the gate to be repaired or closed. While they are on his land, they are within the road easement and this property was designated as common area although title was never transferred. The developer of course has his own gate across his driveway for security and is doing this just because he can. We have considered numerous options, but I wanted to get some feedback:

1. Fix the gate anyway and see if the developer disables it?
2. Remove the gate and rebuild it on property controlled by the HOA?
3. Enforce the HOA liens on the gate property for non-payment of dues and foreclose on it?
4. Other options short of a lawsuit?

Thanks for any assistance!

John

As it does not work half the time, his says half time you do not have one at all times. Ever consider removing it entirely?

John, if it were me, I would start with your local Zoning Board. Before the developer can turn a spadeful of dirt, the project must be approved by the ZB. It will include what is to be part of the HOA and if the gate was supposed to be turned over which I would imagine it was I would start complaining to your local elected officials and see if that doesn't light a fire under his a$$. I would also make sure the property taxes on the property were paid up, by him not the HOA and make sure any electricity being used by his property was being billed to him.

Oh, just for grins and giggles if his prospectus listed it as a gated community, imagine the fun he'd have if all of your fellow homeowners sued in small claims court for the maximum allowed for not having a working gate. But not at one time, one or two a week so he or his attorney would have to keep schlepping to court.