Developer might be swayed to gate sidewalks

We recently purchased our home in a new gated community that is still under construction. We just learned the developer is only gating for cars, not the sidewalks. We are concerned pedestrians and solicitors can freely enter our community, defeating the security of being in a gated community. Can we make the developer fix this?

With the increase of planned developments, more communities are opting to be gated. Most new communities are advertised and sold this way. While some experts claim gates make communities safer, others disagree. There are few scientific studies to back up either view.

To determine the developer’s responsibility, you need to review your sales contract and community governing documents. The documents should explicitly set forth what the developer is supposed to install. However, I would not get your hopes up too high because in my experience your builder will have a lot of wiggle room. The law doesn’t provide a precise definition of what a gated community is because each development is unique. Instead, the law provides that each party — meaning you and the developer — must live up to their promises.

If this is important to you and your neighbors, I suggest you speak to your developer. If enough residents demand this feature, it is likely that pedestrian gates will happen. If not, once most of the homes are sold, your developer will turn over the community as sociation to be managed by the homeowners. Your com munity will be free to make any changes you want, provided you and your neighbors are willing to pay for them.