Gate malfunction

CharlieP3 (California)
Posts: 3

Posted:

The entrance gate in my community has been open for about a month.
This really defeats the purpose of even having a gate and the security of living in a gated community.
We have seen homeless people sleeping in the common area, electrical closets, and rummaging thru the trash.
My question is, has any other person had this issue with their HOA, and what to do about this matter?

MatthewW4 (Arizona)
Posts: 500

Posted:

This is not an uncommon situation.

Are you still under declarant control or are the owners in control of the association?

Is the gate not functioning or is it being kept open for some other reason?

Have you sought an explanation from the property manager, association officers, or board members?

CharlieP3 (California)
Posts: 3

Posted:

Thank you for your reply Matthew.

I'm not sure about the answer to your question above the declarant control. Our community is about 7 years old if that's any clue.
It doesn't seem like the owners are in control of the association because the board members walk around like the own the place, and most homeowners just keep quiet and don't raise any concerns to light.

I thought the gate was malfunctioning. But this weekend I found out some disturbing information.
I learned from a neighbor and some of the board members that the gate was being kept open to allow for easy access for the local police. Apparently one of the board members and a renter in the assoc have a personal vendetta against each other.
Now I'm all for the police patrolling, but don't they or shouldn't they have an access key or code?
Every gated community should give proper access to emergency personnel thru secure channels.

Also, a board member's personal issues with a renter should not put the safety and well-being of other home owners at risk.

I have not yet called the HOA, but plan to give then an earful tomorrow.
I will ask them for an explanation and a time frame for the gate to be closed.

What other things shall I ask and what other rights do us homeowners have?

CharlieP3 (California)
Posts: 3

Posted:

Thank you for your reply Matthew.

I'm not sure about the answer to your question above the declarant control. Our community is about 7 years old if that's any clue.
It doesn't seem like the owners are in control of the association because the board members walk around like the own the place, and most homeowners just keep quiet and don't raise any concerns to light.

I thought the gate was malfunctioning. But this weekend I found out some disturbing information.
I learned from a neighbor and some of the board members that the gate was being kept open to allow for easy access for the local police. Apparently one of the board members and a renter in the assoc have a personal vendetta against each other.
Now I'm all for the police patrolling, but don't they or shouldn't they have an access key or code?
Every gated community should give proper access to emergency personnel thru secure channels.

Also, a board member's personal issues with a renter should not put the safety and well-being of other home owners at risk.

I have not yet called the HOA, but plan to give then an earful tomorrow.
I will ask them for an explanation and a time frame for the gate to be closed.

What other things shall I ask and what other rights do us homeowners have?

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Your challenges are not with the gate. It cannot walk around and enforce trespassing laws. It's the direction of the HOA board and the non-HOA board community's willingness to allow trespassing, unfortunately.

DavidW5 (North Carolina)
Posts: 565

Posted:

Charlie,

The fact that you don't know whether your community is under declarant control tells us that you have not done your homework. Have you read the governing documents? Have you attended board meetings? Are there bylaws, rules and regulations or written policies that state when the gate is supposed to operate? Is there a gate committee (our gated community has one to oversee operation and maintenance of the gate)? Have the local emergency responders (fire & rescue, police) been provided with a means of access when the gate is closed (our gate opens in response to a "yelp" signal from the sirens of emergency vehicles)?

There is no substitute for active involvement with your community's board if you want your views heard and considered.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Charlie

Kelly and David hit the nails on the nails on the head.

One additional comment is gates do not stop homeless people so that issue is not a gate issue.