How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Real Estate Law question
Type Your Real Estate Law Question Here...
characters left:
10 Real Estate Lawyers are Online Now

Questions on Gated Community Rules and Regulations

A simple way of defining a gated community would be to describe it as a residential development with controlled access. There are many kinds of gated communities that exist in the United States today that differ both in size and the facilities that they offer. From small and compact communities, gated communities can be large, sprawling communities that offer not only residential properties but also facilities for recreation, entertainment, dining, retail and more.

Listed below are a few questions answered by real estate lawyers on gated community related issues.

In a gated community that is being run by a homeowners’ association (HOA), one parking stall has been assigned to each resident. Is the HOA allowed to tell residents not to park their second car in an unassigned parking space?

The HOA can definitely specify rules about unassigned parking spaces. Usually, specific limitations and guidelines are laid down for how these spaces are used and they are often short-term in nature. You can look at what the rules are but ultimately you would have to go with the HOA’s decision regarding parking.

I live in South Carolina in a gated community. Since we have a private internal road system, can this be considered private property and can we bar specific contractors from our premises?

Your community would be under control of a homeownersassociation. Thus, the common property, which includes roads and land that does not legally belong to any one individual, would be considered private property and the HOA would regulate it. Therefore, they would have the right to restrict access to the premises.

Can a California gated community of individual property owners be protected by trespassing laws?

A gated community that consists of privately owned property, property that is common to the HOA, as well as private roads, does possess the rights to say who may visit the property. This is how it would work: Individual land owners can control who steps on to their private land unless they have give up any rights to this in the HOA by-laws, and the HOA can prevent specific persons from trespassing on the common property that belongs to the HOA.

Whose responsibility would it be to repair the curbs in a gated community?

You can determine this by examining the property description to understand where the property line lies. For example, if the curb falls on the homeowner's side, it will become their responsibility to repair it; if not, it will be treated as the responsibility of the HOA. The property line will clearly show where a homeowner’s property ends and where the HOA's begins.

I am a handicapped person who resides in a mid-size gated community in Cincinnati. Recently, I my car was towed away because I parked in a reserved handicapped spot and accidently dropped my placard when I got out of the car. Without informing me, the management towed my vehicle away causing me unnecessary stress and expense. Is this behavior warranted?

This is definitely not the right way to treat a tenant. The management could have at least attempted to notify you before they towed your car away. Also, if you have reserved the spot since you are handicapped, they should ideally have had a record of your license plate in the system. They should waive the towing costs to make this up to you.

In a gated community, the amenities that are available depend on certain factors like geographical location, demographic composition, community structure, and community fees collected. There could be sub-associations that belong to a master association which then becomes the main body that provides many of the facilities. The bigger the association, the more facilities that can be provided. Also, as security is usually a top feature in most gated communities, very often, visitors need to get special permission to enter the premises and may not be able to use all the facilities inside.
Ask a Real Estate Law question
Type Your Real Estate Law Question Here...
characters left:
10 Real Estate Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21117
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21117
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18366
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8472
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3827
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3383
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3291
    DVM, Emergency Veterinarian, BS (Physiology)