developer responsibilities

Jim, there is another current thread which addresses builder responsibilities, which will help you. You need to first find out if your local municipality has a "bond" requirement for the developer/builder. If so you need to then find out if the agency has come out to inspect your property. If they have not, you have a good position to address with the agency and the developer/builder - mind you that the developer/builder is ONLY going to be held to what the site/building plans called for, that usually means the bare minimum of code requirements, nothing fancy. If the inspection has taken place, then I would inquire as to the outcome, and what recourse you have there - is the bond released, were the developer/builder required to address the very issues you mentioned, etc. Next I would find a good engineer to conduct a site/transition inspection/study. Do not JUST inspect the areas you mentioned in your post, do the full community, and all common areas and any areas which are NOT the responsibility of the property owners (Members). Additionally seek out (if applicable) any warranties on the gate, and also if it applies to the pond set-up (this might be harder to pinpoint than the gates). Double check with the gate installer, and the manufacture of the moving parts for warranties. Make sure that warranties have been transferred, or filed under the name of your HOA. Also eventually, you are going to need a "reserve study" somewhere down the road (sooner than later) - being versed wtih the gate specifics gives you a better vantage point in understanding what it will cost to repair, if the installing company has a maintenance plan, etc. I mentioned the gates, because you are in a gated community, and they will undoubtedly be a recurring expense based on frequency of use.