Exit Gate welded shut at condo

[TFlame]

What is the name of your state (only U.S. law)? California

Recently had a fire. The gate closest to my condo was welded shut causing the fire dept to take 6 mins longer to get hoses to my door. The HOA said the fire dept said they could weld the gate but once at the condo the capt said they would never authorize such a thing. Now the HOA wants us to pay their $5k deductible when if the fire dept could have gotten in faster the outside of the building would have never gotten burned. DO I have a case?

Terri

 

[justalayman]

Unless the welded gate was required to be in operation under the laws in place, no, you have no claim.

 

[LdiJ]

What is the name of your state (only U.S. law)? California

Recently had a fire. The gate closest to my condo was welded shut causing the fire dept to take 6 mins longer to get hoses to my door. The HOA said the fire dept said they could weld the gate but once at the condo the capt said they would never authorize such a thing. Now the HOA wants us to pay their $5k deductible when if the fire dept could have gotten in faster the outside of the building would have never gotten burned. DO I have a case?

Terri

Here is what you have to understand. The HOA funding comes from the condominium owners. It does not come from any other source. When the HOA runs out of money, the only place they can get it is from the condo owners as a special assessment. So, if they are asking all of the condo owners to pay a special assessment for the deductible that would be standard.

Now, if this is a case where the HOA believes that the fire was due to your negligence, and that is why the outside got damaged, then if the fire department could have responded in the most efficient manner then it could possibly be your liability, but in that case your insurance would be involved. In that case I suggest that you pass this claim on to your insurance company along with the information that the gate as welded shut, and let them duke it out with the HOA.

 

[LdiJ]

What is the name of your state (only U.S. law)? California

Recently had a fire. The gate closest to my condo was welded shut causing the fire dept to take 6 mins longer to get hoses to my door. The HOA said the fire dept said they could weld the gate but once at the condo the capt said they would never authorize such a thing. Now the HOA wants us to pay their $5k deductible when if the fire dept could have gotten in faster the outside of the building would have never gotten burned. DO I have a case?

Terri

Is the HOA asking you specifically to pay the 5k? If so, turn the claim over to your insurance company and let them duke it out with the HOA. Make sure your insurance company knows about the welded gate, what the fire department said, and which firehouse responded.

If the HOA is asking ALL of the condo owners to pay a special assessment to cover the 5k deductible, then that is normal. The HOA's only source of income is from the condo owners, and if they have an unexpected expense, generally the only way it can be covered is via a special assessment.

Once in a Blue Moon its possible that the idiots who made the decision to weld a gate shut might ultimately be personally responsible if they are found negligent in performing their duties, but I do not think that the amount involved is high enough to go that route.

 

[ShyCat]

Even if the exit gate had not been welded shut, how was the fire department expected to enter the condo complex through a closed EXIT gate?

 

[FlyingRon]

Even if the exit gate had not been welded shut, how was the fire department expected to enter the condo complex through a closed EXIT gate?

They open it. There are ways to do this everything from just sending someone in to open it to them having keys via something like a Knox Box.