Who pays for gate installation

Started by JarrodG • 5 replies • 1348 views

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JarrodG (Louisiana)
Posts: 16

Posted:

We bought a house in a gated subdivision but the gate has never been installed because they said they were waiting until all the construction was finished so that they would not have to risk the contractors coming in and out damage the gate. It has been two years since the subdivision has been at 80 percent capacity and no Hoa has been formed. We are trying to form one now and I am trying to figure out if it is the hoa's responsibility to put up the gate or the developers. The houses were sold and listed as a gated community.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Jarrod,

From what you posted, it sounds like it should be the responsibility of the developer. Mind you, you said that the development is only 80% complete. Therefore, they still may be waiting for that additional 20% to be completed.

If your concerned about the developer not following through, you might want to consider putting a claim on their performance bond that was filed with the city/county (if one exists).

MikeR15 (Massachusetts)
Posts: 389

Posted:

In my HOA, some guy REALLY wanted GATES...(same guy who put a 10' Sat dish in his front yard)

So they (the board) had one of their rigged meetings...and lo and behold...were ready to install the gates after

the "overwhelming approval" of the community.

So....I alerted the REAL community to these shenanigans...did a lengty study on gates (bottom line: even the people

who sell them tell you it has ZERO effect on crime)

Got police reports from my area....a gated community a few miles away had TWICE the crime we did (all of our crime was

basicly domestic disputes the cops got called to)

And the REAL community told these idiots to pound sand.

No gates.

Now this is Cape Cod we are talking about, not Florida where there are so many dangerous thugs armed with Skittles running

around.

Gates are BS...in my humble opinion.

What they do is tell your neighbors OUTSIDE the gates....is that you are SO much better than them. Thats about it.

I DID NOT want my community sending this message...it is...well BS!

CindeeN (California)
Posts: 1

Posted:

Our subdivision just went through the exact same thing. The developer has been advertising a “gated community” for over ten years. There was never any doubt that the developer was obligated to install the gate. However, all this time they have given us one excuse after another as to when the gate was going to be installed and why it hasn't been.

Finally after our constant pestering, they chose to install a rather inexpensive gate (a far cry from the promised $30,000.00 gate at time of purchase) in an unsuitable location that resulted in the county red tagging the project. The property owners offered to lend them the funds to relocate the gate in a suitable location but of course we expected some sort of collateral. Long story short, they would't agree to any of our terms (which were rather reasonable) and instead reneged on the offer to allow us to move the gate.

We then contacted an attorney who told us that if the gate was installed on the “association’s” property, that it was ours to do with as we pleased. So…we all chipped in and did what it took to get the gate moved and are planning on taking them to small claims court to recoup what it cost us.

Our gate has only been operational for six days, and I can say, without hesitation, that the amount of unwanted traffic has come to a complete halt. In my opinion, contrary to MikeR1's opinion, gates tell everyone, we are willing to pay to keep the “undesirables” out, not that we are better than anyone else. Anyone is free to purchase a lot or home in our subdivision if they so choose. ”Undesirables” in our neck of the woods translates to druggies, dealers and car thieves. We’re located in a rural beach community and a gate is the only way to keep these activities from happening in the secluded areas of our neighborhood while we’re asleep at night.

Sadly, we had to take things into our hands…you may have to do the same thing if you want to form your HOA and get that gate. You just need determined people that are willing to do the work required.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Very nice post, Cindee. Welcome to the Forum. I always like to read posts like yours that show that neighbors working together can accomplish a lot in their HOA communities!

If you cruise other posts on this Forum, you'll see that MikeR15 mainly complains & whines.

Anyway, we're a gated "secure access" community too, but in the heart of an urban setting. All of our neighboring high rises also are gated. Auto theft and druggies are the main issues nearby though not a major problem.

MikeR15 (Massachusetts)
Posts: 389

Posted:

Cindee,

Good for you. If you were promised gates by the developer, and you have a lot of transient traffic, then you guys did the

right thing! The Developer was trying to pull a fast one and you guys stopped him.

Our situation was much different.

Gates were never promised or planned. Our neighborhood is quite as a tomb. The hospitals don't call this place Cape Code (as

in Code Blue) for nothing.

It was just some guys bright idea, and then he was sneaky and dishonest about how

he attempted to do it.

And lets get something straight.

Whining is something you do when Starbucks doesn't make your latte the right way.

Being vocal about some sneak reaching into your wallet, or using your home as collateral for a pet project....

That is much different, and the fact that some folks do not know the difference is VERY concerning.

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