Q: In Florida, what is the legal definition of a gated community?
We have a front gate but a big section of our community does not have a barrier separating it from surrounding areas. We are trying to figure out whether or not it was false advertising and the builder is responsible for providing the additional barrier needed to gate in the full community or if the gate alone is what makes it ‘gated’
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A:
There is no specific definition about that. You may want to review your PUD (Planned Unit Development) documents filed with the county and your HOA governing documents, to determine if the final community reflects the governing documents.
It also depends what you are trying to get at exactly, if you feel you were misled and would not have bought otherwise and whether you want to get out PRIOR to closing; or whether such lack of all-around enclosure diminishes your property's value.
Barbara Billiot Stage agrees with this answer
A: I agree with my colleague that there is no legal definition of "gated community." Your association documents may have language that refers to the community as being gated or partially gated but you will need to review those or have a lawyer review them and explain them to you.
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