Recently our HOA has started issueing speeding tickets (that is fine, speeding shouldn't allowed). There is a fine of about $100.00. However, the HOA is also dictating that any violators (even though they have a residence in the community) are not allowed to use the residence access gates. They have to use the visitors gate.
I know this is a point of contention, it has a lot of people fired up, and I'm trying to determine if these HOA actions are within both Florida statue as well as case law.
This would depend on the governing documents of Association, which we can't review here on line. But it certainly sounds reasonable to me, this way the Association can keep track of those speeding through the community, no? Seems like the only folks it would get "fired up" - are the speeders. But it aint up to me; your Docs will control. Hope this helps. gsg .
Responses provided herein are merely commentary on the question posed. They are NOT intended as legal advice, nor to be relied upon by anyone, for any reason, nor to create an attorney-client relationship between you and I; and all askers should consult an attorney for advice regarding each individual matter, since each case is a bit different, and not all information is typically recited in the online question as posted. PLEASE do not contact me directly; I am NOT accepting new clients at this time, and only volunteer here on AVVO to "give back" after a long and rewarding career. Good luck!
As long as the HOA follows the proper statutory procedures for fining and suspension of use of common elements, they can require violators (any violation) to use the visitor's gate. There is an argument to be made whether or not the HOA has to have the authority to fine and suspend in their governing documents (Declarations, Bylaws, Articles and Rules and Regulations) or if the statute provides the authority to fine and suspend. The old version of the statute required the language to be in the HOA documents, but the 2010 version did away with that requirement. I could go down a rabbit hole arguing whether the 2010 statute is applicable or violates the constitutional prohibition on retroactive application to a contract, but until these arguments are made and ruled upon by an appellate court who publishes an opinion by someone with lots of money to find out, my arguments are merely my opinion.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline