Service of Process in Gated Communities

While process servers like you play an important role in our legal system, often there can be unique obstacles to doing your job – gated communities, including secured buildings, is one of them. While some addresses are easy to access, those in gated communities impose a physical barrier and also maybe a guard who likely doesn’t understand your role in due process between you and the party to be served. In this article we discuss how to best affect service when the address is in a gated community.

State Legislation – Know It!

Due to the challenges gated communities bring to process servers, several process server associations have successfully pushed for laws that help process servers gain access – one of many reasons to join your state or regional association! For example, Florida, California, and Illinois are some of the states that have enacted laws with explicit language regarding service of process in gated communities.

• Florida: Fla. Stat. 48.031(7) – A gated residential community, including a condominium association or a cooperative, shall grant unannounced entry into the community, including its common areas and common elements, to a person who is attempting to serve process on a defendant or witness who resides within or is known to be within the community.
• California: CCP 415.21 – (a) Notwithstanding any other law, any person shall be granted access to a gated community or a covered multifamily dwelling for a reasonable period of time for the sole purpose of performing lawful service of process or service of a subpoena upon displaying a current driver’s license or other identification, and one of the following…
• Illinois: 735 ILCS 5/2-203 – An employee of a gated residential community shall grant entry into the community, including its common areas and common elements, to a process server authorized under Section 2-202 of this Code who is attempting to serve process on a defendant or witness who resides within or is known to be within the community. As used in this Section, "gated residential community" includes a condominium association, housing cooperative, or private community.

With the support of the states process server’s association – FAPPS, CALSPro, ILAPPS – these states have set precedence for lobbyists and legislators of other states to introduce similar bills. Although most states don’t have such legislation, it sets the ground for the future of process servers and their legal right to access gated communities to execute service of process. Contact your state/regional association to get information on what is allowed in your state, including legislation and supporting case law.

General Tips to Get the Job Done

• Prior to attempting to serve, research the address. You will become familiar with communities that are gated and know before you go if your serve will involve getting through the gate. As you execute serves in a community, make notes about whether the gate is unmanned or is staffed, and your experience with serves at this location.
• If you don’t have any information about the community, consider reaching out to other process servers you know in the area. They might have information that will help you gain access.
• Always have your Process Server ID, if you have been licensed by the state, county, or court. Whether dealing with a security guard, a nosy neighbor, or the person you serve, you will benefit by have your license as proof of your reason for being in the neighborhood/building.

Tips for Manned Gates/Buildings

When dealing with a manned gate or building security guard, your demeanor and your knowledge of your state’s laws are equally important. When dealing with the guard:

• Be polite – explain why you are there.
• Be friendly – understand that the guard is trying to do his/her job and doesn’t want to get in trouble. Commiserate with them and point out you are just trying to do your job.
• Be calm – when possible, de-escalate any tensions with the guard.

If you are a process server in a state with supporting legislation regarding gated communities, remember that the guard at the gate may not know what you do or the rules, so be ready to respectfully summarize the state law regarding your access to the community. Carry a copy of the law,  for the guard to review.

If all else fails, and your state laws support it, you might resort to calling law enforcement – but be ready to explain the law, the situation, and why you have asked for assistance. In Florida, for example, refusing access into a gated community is considered obstruction. Hopefully, however, by being polite, friendly, and calm, you won’t need to resort to this.

• If you do end up calling  law enforcement to enforce your right to enter, be gracious to both the police and the guard. You will likely be at this community again in the future and being the bigger person now will help make your next visit smoother, whereas being ungracious will certainly mean every future encounter with this guard will be a hassle.

Tips for Unmanned Gates/Buildings

An unmanned gate/building might be considered easier, as you don’t have a guard to convince, but it can pose its own challenges. Depending on the size of the community, you might waste a lot of time finding your opportunity to enter.

• Pay attention to the type of documents you are serving. If it is a divorce case, eviction, or an HOA Foreclosure, ask your client if they can provide you with a gate code.
• Time your service attempt to a busy time of day at the gate and follow another vehicle in. However, know your state laws – in some states following a person or vehicle through security is considered trespassing – and some states, such as South Carolina, Hawaii, and Michigan have exempted process servers from these trespassing on the basis that you have legal cause to be there.
• Even though the gate/building is unmanned, be prepared to be challenged by residents who live there. Increasingly, residents feel emboldened to question the presence of people they don’t recognize, so be ready for perhaps well-intentioned, perhaps nosy questions and have polite responses ready.

Doing Your Part Towards Progress

State legislation is essential to the process serving industry. State and regional associations spend a lot of time making your job easier and protected through state laws. Joining your state association or the National Association of Process Servers (NAPPS) helps support these lobbying efforts towards better rules and legislation. Many of the bills enacted into law protecting the interest of process servers have been passed due to the support of these organizations. In fact, early this year, NAPPS was able to stop a bill from becoming law in Hawaii that could have hurt process servers all over the country. You may read more about these in our “HAWAII HB766 DEFEATED!” Article.