Legal Question in Real Estate Law in Florida

Gated Community

I recently met with my HOA President (the builder's wife, since they are still in control of the HOA) and she told me that even though covenants state the neighborhood is to be gated they have no plans to gate it due to the fact that the roads will then be private and they will be responsible for the upkeep. Is there any way around this?


Asked on 9/23/08, 3:47 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Gated Community

Take them to court to enforce the covenants, but be careful what you wish for. Eventually the HOA will be in control of the home owners and it will be your dues and special assessments that will go toward the maintenance and upkeep of the gates and roads.

Of course simply not putting up a gate will not make the streets public.

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Answered on 9/23/08, 7:10 pm


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