Question:
The community has two gated entries, one a guard gate and the other is not, but controlled by magnetic devices on vehicles.
The community is still developer controlled, but transition is months away.
The issue is whether the board, controlled by the developer, can elect to have the non guard gated entry open and unattended at times to accomodate the construction vehicles entering.
This creates a security problem for the community, as when the gate is open and unattended, anyone can enter the community. This could be via vehicle or pedistrian entry.
The community is being advertised for sale as a guard gated community. What rights do the homeowners have to require either an attendant be present to monitor incoming traffic when the gate is open, or require the gate to be closed if no attendant is on duty?
Answer:
Hi,
According to the Nevada Uniform Common-Interest Ownership Act Section 116.3102(1)(f), the HOA may, subject to what’s stated in the governing documents, regulate the use of common areas. In addition, the developer may have special rights and powers according to the governing documents.
Kindly consult your governing documents for further understanding. You can also bring up your concern with the HOA board.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
