I live in a habitat for humanity gated community and I want to know if I can lock the manual side to my access gate.

Asked about 2 years ago - Oakland, CA

The main gate has two openings. One side has a gate opener and the other side is manual in case of emergencies and a fire truck needs to get in. However; the manual gate stays open because people who comes to visit my neighbors opens it to drive through and never closes it back. It stays open until I go outside and closes it back. There is no home owners association.

Attorney answers (3)

  1. James Carl Eschen III

    Contributor Level 16


    Lawyer agrees

    Answered . If I understand correctly, by locking the gate you would effectively deny your neighbors and their friends access. You cannot cut off their right of access.

    Check what the rules or deed to the property says about the gate. If it does not say anything, try to reach an agreement with your neighbor. If the agreement works, talk to an attorney about recording it so that the same rule will apply to anyone who moves in.

  2. John Noah Kitta

    Contributor Level 19


    Lawyer agrees

    Answered . Almost for certain the Fire Department would have insisted on two accesses to the subject property as a condition to approving the construction. Even if the local community rules allow you to lock the gate, I think it would be in error and violate the Fire Department Regulations. Certainly check with the Fire Department.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client... more
  3. Chi Leung Ip

    Contributor Level 13

    Answered . Talk to the management and request self-closing hinges to be installed for the subject gate. TALK TO THE MANAGEMENT. Edward C. Ip www.lawyer4property.com

    No attorney / client relationship established. The answr is for discussion and general information only. The... more

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