Gated Communities May Need to Remove or Replace Their Gates
Posted by Ryan McCabe at 5/19/2009 9:30 AM 
Categories: Condominium Association,Fiduciary Duty,Property Owners Association,Common-Interest Community Association,SC HOA Law,SC Community Association Law,Damages
Categories: Condominium Association,Fiduciary Duty,Property Owners Association,Common-Interest Community Association,SC HOA Law,SC Community Association Law,Damages
On April 18, 2009, The Island Packet, a South Carolina publication based out of Bluffton and Hilton Head, reported the unfortunate death of one of the members of a gated community. The person had a heart attack. While the paramedics got to the community's gates in four minutes, they were held up for a few minutes because of not being able to open the gates right away. To read the full article, you may click here.
This unfortunate and sad incident may serve as a strong incentive for state officials to consider disallowing the use of such "unmanned" gates. State authorities may exercise their general police power granted by the federal and state constitutions for the protection of the public health, welfare, and morals. See Denene, Inc. v. City of Charleston, 359 S.C. 85, 93 (2004). Such broad powers allow local authorities to enact legislation prohibiting the use of the gates. Even if no legislation has yet been enacted, communities should consider how to prevent potential incidents such as that in Bluffton to avoid risking liability to injured parties. It is also prudent to make sure that this type of incident does not occur so as to endanger a community association's valid and beneficial use of a gate.
This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.
Again, we're asking the legislature to go so far as to ban gates for communities when the solution is a gate that is readily available that allows emergency vehicles to enter by blasting their siren twice and the gate opens. Done deal. How easier can it be?
Thanks,
Bob
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Bob:
Thank you for posting.
I did not mean to imply that I would support such a law restricting a community's right to have a gate. I personally believe that gated communities are an excellent idea. I wrote this article to raise awareness of the need to make sure that associations consider the needs of emergency personnel, etc. People who are opposed to associations take events like the one that was the impetus for this article and use them against associations. The article was written to bring attention to the need to keep gates up. If we don't, the politicians might! Remember, unfortunately our legislature has many members who are opposed to community associations. thank you, Ryan
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A retired attorney spoke at our HOA meeting last night. He said HOAs are illegal in South Carolina. Is this true? Are HOAs legal in South Carolina?
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Carol:
Thank you for posting. His statement is FALSE. Are you sure that he said that? I ask, because his statement is beyond inaccurate. Unfortunately, we have a few legislators who would like to create a state agency to monitor community associations in our state. Please get involved to prevent this from happening next year! thank you and God bless you, Ryan
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