Gated Community Gates

Question

John asked: I live in a gated community.  When I cycle to and from work, I will open the gate from on my bike and ride on the street through the gate. I am being told that I am not allowed to do that.  Would there be any Florida statutes that prohibit this?  Our HOA has nothing to prohibit this and I think I should be allowed to use the gate as any other vehicle entering the community.

Answer

The property is apparently private property and the rules are different from public roadways. The HOA can establish their own rules within certain limits. Please see the other posts under the tag “Private roads” in the tag cloud. There is no law that specifically addresses the gate entry.

You should ask the person telling you that you can’t use the gate as other drivers do for the basis of their instructions. It may be that they don’t know that bicycles are legal vehicles and that their operators have the rights and duties of other drivers. There are numerous posts on this site that discuss that.

If not in the written rules for the HOA, which you should have, it would appear there is no basis and that you can use the gate as other drivers.

Posted in Ask Geo, Misc Tagged with:
2 comments on “Gated Community Gates
  1. Alina Corcoran says:

    Geo & others,

    I am facing a similar situation in a gated community in St. Petersburg, FL (Waterside Condos). The “rule” has been communicated to me by the gatekeepers, so to speak, but it appears baseless and discriminatory. Have you had any luck at your community?

    I’d be interested to see how this is going for you.
    Thank you!

  2. Geo says:

    I suggest checking the HOA regulations and if it is not covered, attending the next board meeting and explaining that you are driving a vehicle and don’t appreciate being harassed by someone who obviously doesn’t know the laws or the rules of the community. Or, as above, ask the gate attendant what the basis is for the “rule”.

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