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MikeL13 (South Carolina)
Posts: 83
Posted:
Our community has decided to leave the construction gate open during construction hours. When I questioned the management company why, they gave me answers that appear to be for the convenience of the workers and have nothing to do with the welfare of the homeowners. Is this normal practice?

Here is what I received.

The Board of Directors unanimously approved to keep the CONSTRUCTION
GATES ONLY opened on a trial basis during construction hours. This does
not affect the Main Entrance Gate and will be monitored by the security
cameras in the area.

Several reasons prompted this decision:
* The temporary codes that builders have for the duration of their
building phase have been misused and given out to others for entry.
* Maintaining the codes for builders has become an increasingly
difficult task and changed monthly due to the misuse.
* Real Estate agents have acquired codes from builders and now
have distributed to other agent in Myrtle Beach.
* Through observation the ability to have owners, non owners,
builders, etc. piggy back into our community have rendered the temporary
codes to be useless.
* With the increase of houses being built the Construction Gates
are being over utilized causing excess wear which in turn our
maintenance cost.
* Even with the construction gates closed the property in not
secure from outsiders entering our community
We appreciate your concern and we will monitor the affect of having the
Construction Gates opened during the specified times only.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
sounds like a well thought out and executed plan

option would be to increase assessments to fund a manned gate
LarryB13 (Arizona)
Posts: 4,099
Posted:
Mike,

Why did you buy into such a crime-ridden community that your welfare is at risk when the construction gate is open during daylight hours?

MikeL13 (South Carolina)
Posts: 83
Posted:
That's a good one Larry, gave me a chuckle.

I am not the only member curious why now we are keeping the gate open. We are all fully aware the gate is not for security. It just holds down some of the traffic on our streets. It just seems to me the reason was all for the convenience of others. The only reason that MAY make some sense is the extra maintenance that MAY be needed on the gate mechanicals.

Hey JohnB, can I stand my ground against unauthorized personnel using our streets? My Smith J-frame rests quietly in my desk drawer. Surely you know I jest.
MikeL13 (South Carolina)
Posts: 83
Posted:
PS: Most burglaries happen during the day.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Is the association still under declarant (developer) control or has it been transferred to the homeowners? In either case, the MC reports to the BOD, so ultimately, it's the board's decision, not the MC's. If the developer is still in control, the homeowners have little to no say in the matter. Even if the HOA has been transitioned, I'd say keeping the gate open while construction is active is a good idea. It cuts down on wear and tear on the gate mechanism and damage to the gate that can happen when trucks don't pull far enough out of the way to clear the gate when it shuts.

Living in a community with an automated gate, you should also expect there will be times in the future when the gate is open for days or weeks at a time while waiting for some rare part that needs to be ordered. In our 18yo HOA, this has happened several times over the years.

Escaped former treasurer and director of a self managed association.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
Quote:
Posted By MikeL13 on 08/11/2014 7:08 AM
That's a good one Larry, gave me a chuckle.

I am not the only member curious why now we are keeping the gate open. We are all fully aware the gate is not for security. It just holds down some of the traffic on our streets. It just seems to me the reason was all for the convenience of others. The only reason that MAY make some sense is the extra maintenance that MAY be needed on the gate mechanicals.

Hey JohnB, can I stand my ground against unauthorized personnel using our streets? My Smith J-frame rests quietly in my desk drawer. Surely you know I jest.

Since the streets are COMMUNITY streets and you have no way of knowing whether a specific vehicle/person is or is not authorized you would have to be PERSONALLY ATTACTED AND IN FEAR OF YOUR SAFETY to actually fire.

You may challenge the person's right to be on the property and then, IF YOU ARE ATTACKED, use whatever force is required to defend yourself.

The 'stand your ground' law is not a 'license to kill'.

It does, however, specifically state that "There is not duty to retreat...." from an area which is under one's control and where one has the right to be, BUT, you still must have REASONABLE CAUSE to fear for your life and safety before using force.

The law does, however, create the impression that deadly force is acceptable even when lesser force may have been sufficient.

BEST OF LUCK WITH YOUR DEFENSE ATTORNEY


MikeL13 (South Carolina)
Posts: 83
Posted:
Yes, I fully understand "stand your ground". It was in jest.
RichardP13 (California)
Posts: 1,767
Posted:
The gates in your community are considered "privacy gates" not "security gates". This will be documented in your governing docs, more specifically, your CCRs. People that that others live in a gated community do so because they have something to hide. If you have issues with unauthorized traffic, then you, the residents, will have to pony up for a manned entrance and security patrols.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By MikeL13 on 08/11/2014 7:08 AM
I am not the only member curious why now we are keeping the gate open.

I think the Board laid out their reasons fairly well. Perhaps English isn't your primary language?

Studies show that 5 out of 4 people have problems with fractions
MikeL13 (South Carolina)
Posts: 83
Posted:
Gee Glen, I would only expect such witticism fro PiTa.

JohnB26 (South Carolina)
Posts: 1,001
Posted:
Quote:
Posted By MikeL13 on 08/11/2014 9:47 AM
Yes, I fully understand "stand your ground". It was in jest.



NOT EVERYONE UNDERSTANDS


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