Converting your existing community into a gated community
MOST Jamaicans increasingly lack a feeling of security in their community and/or home. Security cultivates situational awareness and maintains life balance. It addresses sustainable peace by recognising the social, economic, and political grievances that are often the root causes of conflict and societal violence. Finally, it protects against external threats, prevents internal conflicts, and ensures the population’s well-being. Therefore, security is becoming a great concern for many Jamaicans. We have seen an uptick in gated communities offered by developers throughout the island over the last 10 years.
Recently, we have seen communities considering whether they should convert their existing neighbourhood into gated communities. Successful conversion of an existing community will depend on your community’s development plan/design, the number of access points and parochial roadways, and having a unanimous agreement of all registered owners for a successful outcome. Failure to overcome these fundamental requirements can result in an unsuccessful application, therefore, not every community can be converted.
Residents of these existing communities usually consider the following when thinking about converting their existing communities into a gated or restricted-access community:
1. Enhanced security will deter unauthorised individuals from entering the community, reducing the risk of crime, vandalism, or unwanted solicitation.
2. Costs will be associated with maintaining gates and living in a secure community.
3. Enhanced privacy through a physical barrier will help restrict access and create a more secluded living environment. This privacy can be particularly appealing for individuals who value solitude, and it will also seek to minimise the presence of strangers or non-residents in their immediate surroundings.
4. Aesthetics and a well-maintained environment will protect property value and create an attractive living environment.
5. Reduced traffic will control entry points and limit access, which will help deter unauthorised individuals from entering the community
Discuss community gating with community members
Start by speaking to those community members who can work with you to convince your entire community to agree to your plan. Discuss the possibility of installing a gate with a few respected community members who you already know. Your neighbors and community leaders will likely have similar ideas. Thousands of Jamaicans live in gated communities and this idea is becoming more attractive to many Jamaicans, therefore, once you have found a few supporters, you can form a team to research the benefits of installing a gate/controlled entry point and select the right solutions for your community. After you have developed a strong plan, including benefits and drawbacks, you can approach the wider community. It is essential to focus on why you think the community needs a smart gate. When your reasons are clear, you will have a better chance of convincing your entire community that it is time to secure your community.
Know whether gated communities are possible
Communities that stand to benefit from having a gate are often left ungated because of the design of the communities and ordinances that make having a gate difficult or costly and sometimes impossible. Although there are clear social advantages to using gates or controlled access, some local laws have not made any provision for this type of conversion.
It is important to review local laws and understand what you must do to get your secured community approved by your local municipal council. For communities that are open to community gating/secured access, you will need to get approval from your local municipal council. This will require detailed plans for your proposal, an agreement from all the registered owners in writing or by vote and an application fee, among other things.
Sometimes you might have to restructure how your community is managed to obtain the necessary approvals. Once approved, the impact is that your community may now be responsible for garbage collection and disposal, repairs of internal roads, managing communication for access to utility companies for maintenance and repairs, and access to emergency and service vehicles.
Decide which gate access technology will be used.
A community will need to decide which secure access technology they may need to consider:
• boom barrier arm
• four-digit pin pads
• proximity cards
• human security guards
• smartphone-based solutions
• manual buzzer entry.
It would help if you researched the available technologies to decide on the best access solution for your community.
Get approval from your home owners’ association (HOA) and community members
In most situations, obtaining formal approval from your home owners’ association is the most crucial step for installing a gate in your community. Getting approval may be easier if you are already active in your home owners association. As mentioned earlier, working as a team is advantageous in securing a positive outlook by registered owners.
When proposing a gate to your HOA you should start by approaching individual leaders of your HOA; these leaders can invite you to present your idea simultaneously to the community. You can then prepare a brief presentation that includes why a gate is advantageous, an estimate of costs, and specific solutions that could be beneficial. When you give this presentation, invite influential community members to win as much support.
Ensure you present your data appropriately. The residents present will undoubtedly have questions, and you need to be able to answer them comfortably.
Many communities support a secured initiative that an active community member(s) is willing to lead. However, communicating the cost to maintain the gate-access technology chosen for the community can also be a difficult conversation to have with registered owners because they will now be required to pay a monthly fee to the HOA. This can be another challenging task because it will be an additional monthly expense for owners to consider.
Not part of an HOA?
There are communities out there that are not part of an HOA. In these cases, it can be harder to call a general meeting as there is not a body of people to summon, therefore you will need to speak to the members of your community to garner support for having an HOA. Once that is in place, your HOA will be required to invite the wider community together, allowing you to present your ideas to them. Nevertheless, you do not have to be part of an HOA to get a gate; all you need is a consensus on the concept and you are ready. There might be a local Facebook page or a WhatsApp group you can join to help rally support. If not, just go door to door.
Venice Williams is a partner/attorney-at-law with Lewis, Smith, Williams & Co. Email: vwilliams@lswlegal.com