Vehicle access question

Hello,

We have a HOA in Orlando and a resident is elderly and does not have a license. He however does have a car and a key card to get into the community.

The HOA laws says you can't deny someone vehicular or pedestrian access into the community to access thier unit. Our documents say all laws have to be followed.

Can we not let him drive in? It seems like the rules conflict here.

Sounds like a police issue.

Not knowing the situation here (who owns the roads, etc.), I agree with the others that the HOA should stay out of it, it's not an HOA issue. Everyone should have access, leave it to others to determine legality of that access.

That said, there's no requirement in my HOA to have a driver's license to drive on our roads. In fact, one can drive almost 50 miles of roads here in my area without a license, as the roads are private, and driver's licensing only applies to vehicles operated on city/county/state roadways (and just for fun, try explaining THAT to an insurance company when they ask for a driver's license).

So, to double add to your confusion, unless your HOA regulations state you must have a valid driver's license to operate a motor vehicle on the roads within the association, it's even less of an HOA issue. It's likely they CAN operate on the HOA private roads without a license.

LeoS1,

Is the motor vehicle registered? If it is, then I assume it must have insurance. Isn't insurance a requirement for registration in Florida? Also, doesn't the vehicle need to be registered in a licensed driver's name? If so, then the vehicle must be registered in somebody's name.

As to the person without a license, forget about HOA private roads. Once the person without a license drives off private property and onto a public road, they are driving without a license, which is illegal. Does this person just diddly-bop around the association roads in the vehicle? I doubt it. It's a law enforcement matter.

How do you know he has no license?

Do you check all members for valid licenses?

This sounds way beyond the jurisdiction of any HOA.

I can't speak to Mass law, but in states where i lived, state motor vehicle laws applied only to public roadways. If the road in my HOA is public, it requires a license to drive on. If the road is private, it does not, even if the public can access it too.

In California, for example, licensing laws refer to vehicles driven on a 'highway', and then the state defines a highway as " "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street."

So, a private road is not a highway under the state law (in Cali), because private roads are not publicly maintained (by tax dollars). So, as long as you don't drive on a road paid for with tax dollars, you don't need a license here.

Brian, Steve,

I think the no license required for private property might be true for most states. The best example I can think of is farm machinery, such as a tractor. On private property(such as the farm) no registration is required for the tractor, and the vehicle can be driven by just about anyone. We've probably all seen children too young to qualify for a drivers' license driving a tractor. The farm could also have roadways.
The fact that the public might travel over a private roadway is immaterial. I think the law would have to specifically state that a drivers' license is required to travel on a private roadway.

But, getting back to the OP, all I recall reading is that this person owns a car, is not licensed (proof?), and has a gate pass. I don't recall the OP stating they actually SAW this person driving the car on and off private property from/onto a public roadway. And, what if this person does? It's not an HOA issue. As soon as this person drives onto a public roadway without a license, it's a matter for the police. Pinch 'em.

Bruce,

What I would do is to have his Tag number run. That is the ultimate proof of his driving status. Because of his age and the O.P saying that he has no license (Prooven or ?), then there is what the Police need to become involved. Scarey when these really elderly people still have big old Buicks or Lincoln Mark V's

Leo,

As others have said, the issue of having a drivers license is not a concern for the HOA. It's an issue for the police.

The Association has zero authority that I am aware of to enforce motor vehicle laws or the authority to request to see a drivers license. Let the police do their job and the Association do theirs.

Tim