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Loren, Attorney
Category: Legal
Satisfied Customers: 28551
Experience:  30 years experience representing clients.
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I live in a gated Condo association community. Going through

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I live in a gated Condo association community. Going through the gate one morning, the gate hit my car and damaged the passengers side of the car. approximately 2 weeks later the gate nearly closed on my car again.
The association removed speed bumps that were approximately 8 feet in front of the gate the day it happened. These speed bumps forced cars to slow down going through the gate. The association is now refusing to take responsibility for my repairs stating, "they have determined" I am at "fault". According to them there is no DVR tape of the incident and yet, in an original email with a management rep she states that "security" watched the tape and stated I hesitated going through the gate.

I am feeling strong armed and stonewalled. I need help with taking them to small claims, who and where would I need to go for that help?
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question and provide excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

Small claims court is designed to be used without an attorney. The forms are fill-in-the-blank and are available from the clerk of the court for your county. The limit for small claims court is $5000.

In order to prevail, you will need to show that the gate was malfunctioning or that the current settings were likely to cause an accident. You may want to see if you can get maintenance records. Also, you should time the motion of the gates as they transition from close to open to close.

It is my privilege to assist you.  Let me know if you need further information.  I hope I have helped you feel informed and empowered in the service I have provided to you.  I am here for you.

Since this forum is no substitute for your own legal counsel, you may want to verify the information I have provided with a local attorney who is familiar with your local laws and procedures.

I am happy to answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. 

Thank you.

Loren and 7 other Legal Specialists are ready to help you
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Loren" or use the following link (which you can bookmark in your browser):

Best wishes and good luck to you.

If it is not too much trouble, Beth, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.  

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