Preventing garage gate access without car?

Started by JohnH71 • 7 replies • 877 views

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JohnH71 (California)
Posts: 1

Posted:

My HOA has modified the entrance and exit gates of the parking garage so that the weight of a vehicle (plus remote control) is required to open them. As a pedestrian and cyclist, I've been using these gates to enter and exit the building for several years since the front door is on the opposite side and leads out to a street that's a block away from where I'm usually going.

They claim this was done for "security" reasons but I can imagine no scenario where a pedestrian using a remote to open the garage gate is any more security risk than a car opening the garage gate.

And I question whether the HOA has the legal right prevent a homeowner from entering and exiting the property without being inside a vehicle.

Would love get some feedback before I contact them about this.

BarbaraT1 (Texas)
Posts: 821

Posted:

They are probably trying to prevent car break ins and thefts (which are typically done by pedestrians scoping out the parking garage and looking for unlocked vehicles or cars with valuables in them).

SheliaH (Indiana)
Posts: 6,964

Posted:

The HOA isn't keeping you from getting inside - your complaint sounds more like you don't want to be inconvienced because you have to go around the other side to get to the front door - a pain in the ass perhaps, but probably not illegal.

Besides, we aren't attorneys - you want an answer to a legal question, find one and ask him or her.

You may not think a pedestrian is more or less likely to use a remote to get in the garage, but that doesn't mean it hasn't happened. I really think you should talk to the board first about your concerns - personally I find it easier to give an informed suggestion when people state what they did to get their question answered or problem resolved first (you'd be surprised how small factoids can turn a situation completely around). You never know - maybe the problem can be resolved simply by installing a keypad you and other walkers/cyclists can use.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JaredC (Texas)
Posts: 264

Posted:

The way most people think about security is a joke. I would not like such a ridiculous arbitrary approach to parking lot security but with that said I would also not go after the legality of it since that's probably a losing argument. First just gather info. Ask why they made the decision and decide your next steps from there.

RoyalP
Posts: 1,104

Posted:

most likely the gate ITSELF has stickers FROM THE MANUFACTURER stating 'no pedestrian / bicycle / ? motorcycle? permitted

most likely a motor vehicle 'ramp' is NOT suited for pedestrian / bicycle use

most likely the entire building was designed and built around the concept of:

pedestrians use the front door

motor vehicles use the garage

if you don't like your address -> move

TimB4 (Tennessee)
Posts: 21,062

Posted:

John,

As far as the legality, you will need to ask a local attorney.

Since bicycles are supposed to comply with the rules of the road, I can see your point that the bicyclist should also have the same ingress/egress as vehicles.

That said, I know of nothing the requires access via a garage door.
You might need to pony up some money for a legal opinion.
Another avenue would be to check cyclists websites.

Hope this helps,

Tim

LetA (Nevada)
Posts: 2,679

Posted:

This is a safety prevention measure. The news, especially here in Vegas is chock full of people that played human frogger and lost.

AnonY2 (Florida)
Posts: 4

Posted:

The other thing I'll add is its often done because the gate doesn't know when you've passed as a pedestrian or bicyclist, so ultimately ends up open till a timeout, such as a couple minutes or some other vehicle who doesn't have a clicker gets in (making the security concern valid). The sensors usually are detecting changes in magnetic field over the sensor and not weight, so some simple modifications to your bike probably is enough to trigger it (add a magnet at the lowest point, and make sure to stop the bike with the magnet directly over the sensor wire that was cut into the ground while you activate your clicker). That would obviously be at your own risk obviously, the gates are typically not meant for pedestrians or bicycles.

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