Question: our community gate and sensor has had some issues before and prone to fault. 2 weeks ago I was reversing slowly past the gate and it closed onto my car hitting the side (luckily no damage). As soon as it hit, it reopened again. Usually, if there is a vehicle in the way, the sensor detects a vehicle and stays open. This time it didn’t. Half an hour after the event, the gate broke off it’s hinge. I made the community aware of what happened. However, now they want me to pay for the majority cost of repair $15,000. Neighbours stated this was not their fault so some don’t want to pay.
I’m just a tenant so my landlady told me that is the portion of the cost I must pay. I’ve asked for a detailed quotation by the repair company and am waiting for this. What are my rights here legally? Any suggestions how I should proceed? Thoughts welcome. Thanks
As I’m sure you know, virtually all communities here have a fund which is there to pay for things like this (that’s what part of the building “security fee” most people here pay is for). If you didn’t do anything unreasonably careless (it sounds like you didn’t) and there have been ongoing problems with the gate, then that’s where the money should come from. Sadly, the outcome of this likely depends on your “status” within the community. If you can get hold of video of the incident, that would help your case…are there cameras near the entrance? Otherwise, yeah, the Tsui Mama Foundation…
First mistake was to tell anyone it happened…Second was to even engage in any discussion on paying for the gate…Anyway, you’re already in the situation so take it as a learning lesson, what you need to do now is get out of it. When you say you are being asked to pay the majority cost, who is paying the rest and how did they come to calculate “your” share? You’ve already asked for the breakdown which is both good and bad, bad because it indicates you’re willing to pay, good because at least you can calculate how much you are being screwed by. I’d be asking for proof of how you damaged the gate and how “your” share has been calculated. I’d also suddenly find damage on my car to a slightly higher value that you want compensation from the community for, the end game being to settle for zero payment from either side. If there is absolutely no way to get out of paying (which there is, you just have to be local about it) then insist on getting your own repair guy to fix it, find some local ah huang to put it back on it’s hinges for 500 NT, as long as it lasts 24 hours you’re good, anything after that and it’s not your problem.
Yes. It is a two way gate. I was coming into the community at the time, backing up slowly. From my discussions with previous tenants, the gate didn’t have a sensor to detect a vehicle was standing in the path of the gate and thus would close. i.e. You only have a short gap of time to make it through. Sounds like a poor design and this may not have been the first time the gate has hit vehicles in it’s path.
When the gate came off it’s hinge some neighbors noticed it. I told them what happened. They would have traced it to me. I made it clear that I was at fault. Nonetheless they insisted I should pay majority damage.
I never offered since I thought it would come out of community funds - to me it appears that just welding is required but they’ve quoted on a new gate. Some neighbors refuse to pay. Only 2 have said they would chip in but I should cover 75% of the cost. When I asked for a breakdown, I again repeated that I’m not liable and they should be seeking for repair costs.
Thanks for the suggestions, I’ll look into a repair guy.
If something like this happened in the US, wouldn’t one sue the community for failing to maintain the gate, causing damages to your car, your neck, mental trauma and made you lose time at work having to go through psychotherapy.
No, you’d pull out your .357 and blow a few holes through the gate stanchion. When the cops got there, they’d tell you to put that thing away, everyone would agree the damn thing deserved it and they’d let it rust.
