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JohnC61 (Florida)
Posts: 16
Posted:
Hello, i volunteered to find out if and how we could put up a gated entrance on a county road. The only problem is theres about 10 houses at the rear of our community that use this road to get to their home as this county road cuts through the middle of our community. Our neighborhood was built in 2005-06 and the road was already there. We wanted to become a true gated community and that would require putting a gated entrance on the county road. Were just trying to figure out if this is posssiable and how we could get it done? See the attached picture and where the red box is where the entrance would be. Thankyou

Picture of where the gate would go. https://www.dropbox.com/s/01jnilmqcmqk46v/Screen%20Shot%202016-02-15%20at%209.28.02%20PM.png?dl=0
NpS (Pennsylvania)
Posts: 4,216
Posted:
Is there another way to get to the 10 homes? If yes, which is the easier route for people who want to get to the 10 homes?

Who has title to the road?

Who is responsible for maintaining the road?


Sikubali jukumu. Read all posts at your own risk.
TimB4 (Tennessee)
Posts: 21,059
Posted:
John,

You specified that it is a County Road.
You did not specify that it is a private road.

Therefore, you need to ask the County and see what needs to happen to make the road a private road (so you can put up a gate) or if they would allow a gate on the public road.

Keep in mind that as a private road, you would be responsible for the maintenance of that road. If there are any properties that utilize this road for ingress/egress, you may not prevent that access. Additionally, you can not force them to share in the cost of maintaining the road or gate if they are not part of your association unless they agree or (I suspect) obtain a court order to add said restriction to their deed.
JohnC61 (Florida)
Posts: 16
Posted:
This is the only road to the houses and a new one can't be built because the homes are surrounded by water. They either can use this road but they also can use our community's road to exit. When the community was built Ryland constructed a new road and put in a drainage system. It is maintained by the county.
MarkM31 (Washington)
Posts: 351
Posted:
I'm thinking you're going to fail
NpS (Pennsylvania)
Posts: 4,216
Posted:
Land-locked homeowners must be given access. County maintenance must be given access.

Can you explain why you want gates? Does someone else use the roads? Do you think they should be restricted from using the road? Who and why?

Sikubali jukumu. Read all posts at your own risk.
DouglasK1 (Florida)
Posts: 2,046
Posted:
I think you'll have an uphill battle. You don't mention what county you're in, by in my county (Orange), there are a very specific set of laws that need to be followed for a gated community. This includes becoming responsible for all road, sidewalk, and storm drainage maintenance and repair, and maintaining sufficient reserves to cover these:
http://orangecounty-fl.elaws.us/code/coor_ptii_ch34_artviii

Other counties might have similar ordinances. It's also possible that the county would not want to give up ownership/control of the road in any case. As mentioned previously, you would still need to allow access to the other homes that use this road.

Escaped former treasurer and director of a self managed association.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By NpS on 02/16/2016 5:28 AM
Can you explain why you want gates? Does someone else use the roads? Do you think they should be restricted from using the road? Who and why?


My questions, too. What benefits do you foresee that would justify the expenses?

GenoS (Florida)
Posts: 4,276
Posted:
Can't speak for JohnC61 but in Florida gated communities are perceived to be more desirable. The biggest effect a gate at the entrance has is not enhanced security or privacy, but enhanced property values. There is at least one survey I've seen where potential homebuyers indicate a strong preference for gated communities over un-gated communities. Similar homes in similar neighborhoods will fetch $5,000 to $10,000 more, on average, in a gated community vs an un-gated one.

My numbers might be off but I distinctly recall reading about it 2 summers ago when researching gated community safety considerations. They're really not that much safer. But the homes are worth more anyway.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
John

The catch will be the 10 houses down the road. Unless they all agree, I believe the project is dead in the water.

The other obstacle I would see if even if the 10 wanted it also, is it not making a private road out of a public road and even if it could be done, who bears the cost of maintenance?

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