ACCESSING GATED COMMUNITIES IN GEORGIA

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Official Code of Georgia (O.C.G.A.) Section 9-11-4(f)(4) addresses the issue of serving process upon persons residing in gated and secured communities.  Pursuant to subsection (A), the term “gated and secured communities” means multiple residential or commercial properties, such as houses, condominiums, offices, or apartments, where access to the multiple residential or commercial properties is restricted by a gate, security device, or security attendant that restricts public entrance on the property; provided, however, that a single residence, farm, or commercial property with its own fence or gate shall not be included in this definition.

Subsection (B) of same states “any person authorized to serve process shall be granted access to gated and secured communities for a reasonable period of time during reasonable hours for the purpose of performing lawful service of process upon: (i) Identifying to the guard or managing agent the person, persons, entity, or entities to be served; (ii) Displaying a current driver’s licensor other government issued identification which contains a photograph; and (iii) Displaying evidence of current appointment as a process server pursuant to this Code Section”.

In summary, an authorized process server can access secured communities during reasonable hours to serve process.  After service has been made or attempted, the process server shall promptly leave the secured community.

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May 20, 2015

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