What is the name of your state? South Carolina
I was leaving our neighborhood 2 weeks ago around 5:30 in the evening when the gate at our entrance/exit began to close as I was driving through. The right side gate destroyed the mirror unit on my 2000 Yukon XL. I had the window down and glass flew everywhere inside the truck. It was Friday and our property management company was closed for the weekend. I emailed them about the incident immediately and asked for the name and phone number of our security company. (I thought they were responsible.) I was emailed back on Monday by our property manager. She gave me the info. I requested. The security company owner told me "he wasn't suprised this happened because of the inward swing type gate we have plus those types of gates often think they should close depending on where the vechicle was, the two foot sensors at the gate, etc." He was really nice, but said they were not financially responsible because the gates are owned by our homeowners association.
I emailed our property manager again with the new info and she emailed back saying our homeowners association does not have insurance on the mechanical gate. She sent our request for payment to the board. The property manager emailed me back a few days later to say they are *not* going to pay because they are not responsible. What should I do now? Take them to small claims court? I've left two messages for the owner of the security company to see if he would put what he told me on the phone in writing for court purposes. I also asked the security company and our property manager for copies of service calls/repairs done on that gate. We've had problems in the past with the right side of the gate not opening. Is the homeowners association required by law to give me copies of those service records since our yearly property fees go to pay for repairs, etc? Is that part of the budget public record to homeowners? Also, can I require/subpoena the owner of the security company to come to small claims court and testify on my behalf and bring service/repair records? Also, is there a state law or nationwide law that requires gated communities to have insurance on all "common areas" used by homeowners, service employees, etc.? It seems ridiculous our board has no insurance on a mechanical device that can malfunction and cause damage or possibly hurt someone.
I was leaving our neighborhood 2 weeks ago around 5:30 in the evening when the gate at our entrance/exit began to close as I was driving through. The right side gate destroyed the mirror unit on my 2000 Yukon XL. I had the window down and glass flew everywhere inside the truck. It was Friday and our property management company was closed for the weekend. I emailed them about the incident immediately and asked for the name and phone number of our security company. (I thought they were responsible.) I was emailed back on Monday by our property manager. She gave me the info. I requested. The security company owner told me "he wasn't suprised this happened because of the inward swing type gate we have plus those types of gates often think they should close depending on where the vechicle was, the two foot sensors at the gate, etc." He was really nice, but said they were not financially responsible because the gates are owned by our homeowners association.
I emailed our property manager again with the new info and she emailed back saying our homeowners association does not have insurance on the mechanical gate. She sent our request for payment to the board. The property manager emailed me back a few days later to say they are *not* going to pay because they are not responsible. What should I do now? Take them to small claims court? I've left two messages for the owner of the security company to see if he would put what he told me on the phone in writing for court purposes. I also asked the security company and our property manager for copies of service calls/repairs done on that gate. We've had problems in the past with the right side of the gate not opening. Is the homeowners association required by law to give me copies of those service records since our yearly property fees go to pay for repairs, etc? Is that part of the budget public record to homeowners? Also, can I require/subpoena the owner of the security company to come to small claims court and testify on my behalf and bring service/repair records? Also, is there a state law or nationwide law that requires gated communities to have insurance on all "common areas" used by homeowners, service employees, etc.? It seems ridiculous our board has no insurance on a mechanical device that can malfunction and cause damage or possibly hurt someone.