Community proposes security gate to neighborhood - over onjections
Can you provide references to the following issue?
The majority of our small community, which is comprised of three short private lanes with a common exit to the public road, has proposed the installation of a security gate at the entrance; effectively turning our neighborhood into a gated community. The proponents of this plan are willing to foot all costs associated with the gate and its maintenance. There are several (5) families that object to the idea. (Note that there are 28 households involved, the neighborhood is not covered by any homeowners association, and there are no covenants). My question is whether a single objecting family can stop the installation of the gate. In other words, does there have to be unanimous consent among the property owners before the (sole) entrance to the neighborhood is gated?
Attorney answers (2)
Roy Earl Morriss
Reputation Level 11
Answered almost 4 years ago.
Real Estate Attorney in Seattle, WA.
First, I'll assume that the community has jumped through all the governmetal hoops that a new security gate would involve...mainly approval by the fire department, the planning department, the public works department - these approvals are absolutely required (do not build a gate without checking out all the requirements); and that the true costs of the gate have been acknowledged (a gate might even effect your fire insurance rates). Second, you've said that all the interior roads are private roads - so, the document which created the community is something that should be closely considered - What are the provisions for the use of the roads? Who has control over those roads - especially important since you say that you have no homeowners association (How are the roads currently maintained?). Generally, I would guess that the roadways could be modified in a way which did not unreasonably interfere with their use by those who have a right to use them...and a security gate with proper provisions for maintanence, etc. would probably not be unreasonable. Also, there would probably need to be some reasonable reason for the gate...such as crime, car cruising, etc. Can one person stop a large group in this situation? Possibly, but it would probably be an uphill and expensive battle - with little chance of recovering attorney fees at the end...even if they won.
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Brian J. Passante
Reputation Level 10
Answered almost 4 years ago.
Health Care Lawyer in Macon, GA.
The variety of legal and property rights issues raised by your question are highly dependent on your state law concerning real property, emergency access to services, easements, public roads and other topics. In states, like Georgia, the only effective way to establish these complicated agreements, and covenants is prior to the sale of a portion of the larger development, Among the questions you might explore with a real property attorney in your state are at least the following:
1. Can any the restriction on public use or imposing burden to obtain access be imposed by a private party (not the government) after purchase of an interest in the land (and with no prior covenant or burden upon your land)?
2. Who will pay for the security maintenance and installation, and may they assess or lien property owners who do not consent?
3. If the roads are already dedicated to a local government for maintenance and improvement, will this process cause the development to lose the maintenance paid for by the government from taxes. If so, who will pay for future road and easement maintenance? Follow-up: same question as No 2 for these future costs.
4. Does your state law permit a easement by deed or prescription? If os, is the easement( access road) subject to any legal requirements by state real property law that would prohibit security or a gate limiting access to the easement (entrance)?
5. What regulatory requirements might be imposed by public authorities and fire marshall to have access to a secured or gated area? What costs to comply with these additional requirements?
6. What if you decline to agree and then take no action, will a statute of limitation require you to confront this issue in a legal proceeding at some point? If so, prior to legal actions, how should you document your objection? In the real estate records? Complaint to local fire marshall? Complaint to City Hall? Complaint to State Attorney General?
This process is so fraught with complexity and difficulties, that unless there is a specific state law on point in your state, its unlikely this process can succeed. But since this event can significantly affect your home and property interests, it is advisable to seek legal counsel.
State Required Legal Ethics Disclosure: This Answer and any information contained in this answer is not intended to be treated as legal advice, but is offered solely for educational and information purposes. This posting does not create an attorney-client relationship or privilege of any kind. This attorney licensed only in Georgia.
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