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Roger, Attorney
Category: Legal
Satisfied Customers: 30910
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I live in a claforina in a condo that is gated. The gate upon

Customer Question

I live in a claforina in a condo that is gated. The gate upon closing makes a loud bang. This happens from 6am to 10pm, hundreds of time a day. The gate repairman said the gate must bang for the gate to lock. when I ask him why the entrance gate does not make noise he said the wind holds it shut. I live in Los angeles county.
Submitted: 7 years ago.
Category: Legal
Expert:  Roger replied 7 years ago.

What if there's no wind to shut the entrance gate!?! I think the repairman is making excuses - and not very good ones.


The gate should not make a huge bang to lock. You should file a grievanc/complaint with the HOA board and see if this cannot be repaired. Make sure you inform them that the gate is interferring with your quiet enjoyment of your property, causing the HOA to be in default of its contract.


If you can get other residents to join you, it would make even a stronger case to the HOA board. The board should take steps to resolve this.

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Customer: replied 7 years ago.
I have already done this to no avail.
Expert:  Roger replied 7 years ago.
Your next step is to file a lawsuit against the HOA for breaching the bylaws because it is not providing you with quiet enjoyment of your property.

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