Q: Can apartment complexes with gate access only have one way to open gates?
I live in a gated apartment complex in Austin, TX. When I moved in access to the gate was controlled by NFC cards given to each resident. Since then they have 'upgraded' all resident front door locks to smart locks, and has switched to using Chirp app for gate access. I have asked and received a physical key for my front door, so the question is for the property gate access. For awhile the NFC card readers would still work but unfortunately they have stopped opening the gates. The app is a problem for me and several other residents as it will function one day, and log me out completely causing me to reauthorize my e-mail account and app access. I have spoken to the management/leasing office and they insist that the problem is my phone which it is not. They refuse to fix the card readers and insist on everyone to switch to using the app. Can the apartment complex force you to only have one way to access gate entry or should they allow for alternatives.
A:
Apartment complexes can implement specific methods for gate access, but they must ensure that all residents have reasonable means to enter the property. If the app-based system is unreliable and causing issues for multiple residents, the management should address these concerns and provide an alternative.
You have the right to safe and accessible entry to your residence, and if the app is not working consistently, this becomes a significant issue. Document your difficulties and any communication with the management about the gate access problems.
It may also help to gather feedback from other residents facing the same issue and present a collective complaint to the management. If the management remains unresponsive, consider seeking advice from a tenant rights organization or legal assistance to explore your options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
