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BillyB2 (Pennsylvania)
Posts: 6
Posted:
Last fall, I received a $250 fine for speeding and reckless driving. I appealed the fine and it was denied by the board. What would you suggest I do? They have threatened to double it unless I pay it. Here is the scenario of exactly what happened.

Upon leaving my house in the morning, I traveled my usual route to the entrance of the community. I drove down the street to take a right in the direction of the community entrance. While approaching the stop sign, I saw the other member passing my street. This street towards the entrance has a slight right hand turn down a hill and then back up a hill. I caught up to the other member upon the end of the hill/going up the next hill. This was in the fall so there were many potholes throughout the community. I did drive around a few of them behind the member to avoid them. We both began our ascent up the hill. The streets in the community are somewhat narrow so when no cars are around people tend to drive towards the middle of the street as the member in front of me was. He pulled the car to the right and slammed on his brakes to a complete stop. I stopped behind him. After a few seconds passed, I considered this as a gesture to pass so I began going into the other lane. This is when the other member accelerated parking his car perpendicular to mine and blocking me off. I slammed on my brakes and nearly missed hitting him. He proceeded to get out of his car and say "what the hell are you doing, all you new people are causing problems in the community" I sat in my car and told him I thought he wanted me to pass. He got back in his car and drove off. The other member noted in the complaint that he did not see me in the rear view mirror and then he did upon going up the hill (this was his reasoning for me speeding) and that I was driving erratically all over the road. The member is also on the board.

Since this event, I have taken video of other members also being many car lengths behind me and then catching up to me. I did not report them. A few months ago my girlfriend was also noted for speeding in the community and we were issued a $50 fine which we did pay.

Do I have any options?
NancyG3 (North Carolina)
Posts: 342
Posted:
BillyB - I've never heard of this before. Check your Covenants and State HOA laws. Is there anything in them regarding speeding or fines will be given to homeowners speeding. Are the roads private are public? Unless there is something in your Covenants to cover speeding I don't think your Board can make the fine stick. You can always go to a meeting and plead your case or ask for a hearing. I'm hoping some of the others that help on this forum can advise you also. The last resort is seeding advice from an attorney. Hope this helps.
NancyG3 (North Carolina)
Posts: 342
Posted:
BillyB - I meant to say seeking advice from an Attorney.
BillyB2 (Pennsylvania)
Posts: 6
Posted:
Quote:
Posted By NancyG3 on 10/07/2012 5:47 PM
BillyB - I've never heard of this before. Check your Covenants and State HOA laws. Is there anything in them regarding speeding or fines will be given to homeowners speeding. Are the roads private are public? Unless there is something in your Covenants to cover speeding I don't think your Board can make the fine stick. You can always go to a meeting and plead your case or ask for a hearing. I'm hoping some of the others that help on this forum can advise you also. The last resort is seeding advice from an attorney. Hope this helps.

I appreciate the input. I'm not one to deny my wrongs, but I really feel as if this is an unjust and fine. I have thought about seeking an attorney and going to a small claims court but they have threatened to counter sue for all lawyer fees if I do so. I don't know what the track record is like with HOA and court systems. From what I have seen, Pennsylvania HOA seem to have a significant amount of power when it comes to these matters. I'm hoping someone familiar with these circumstances will chime in.
NancyG3 (North Carolina)
Posts: 342
Posted:
Billy - You can seek legal advice without going to court. Let them take you to court. Then you can defend. You need to find out if they are justified in issuing speeding fines. Our community is posted 25 mph and we do have speeders and our Board will write them a letter, but they have never fined them as there is nothing in our Covenants regarding speeding. Did you read anything in your Covenants covering this?
LarryB13 (Arizona)
Posts: 4,099
Posted:
I am curious as to where the HOA has the authority to issue traffic citations. That is normally a function of government and the government usually specifies who may file a complaint, how and where a trial or hearing will be held, who may pass judgment on the merits of the complaint, and what the penalties are.

The behavior of the other driver (putting his car cross-wise in the street, getting out of his vehicle, approaching yours, and screaming) would be classified as assualt in most places. (The legal definition of assualt is placing another person in fear of imminent bodily harm.) If someone did that to me he would would get 7 shots from the .45 I keep under my seat (legal in Arizona).

Contact your local police department and see if you can file a criminal complaint against the other driver.
KevinK7 (Florida)
Posts: 1,343
Posted:
I cant imagine the board being able to enforce a speeding fine unless they were able to accurately determine if you were speeding or not. I also do not see how they can fine you based solely on here say. I would get legal help on this one.
BillyB2 (Pennsylvania)
Posts: 6
Posted:
Thanks again for all the input! I have never dealt with such matters so please bare with me: would you suggest I go over their rules in regards to issuing tickets?
BillyB2 (Pennsylvania)
Posts: 6
Posted:
Another reason why I want to fight this is because in this community's penalty "bracket", the next offense is an automatic $500. I can only imagine under what grounds they would issue that since they can fine me over avoiding potholes and speeding as per a rear view mirror.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By BillyB2 on 10/07/2012 6:05 PM
Thanks again for all the input! I have never dealt with such matters so please bare with me: would you suggest I go over their rules in regards to issuing tickets?

First step would be to read the covenants to see where they get the power to enforce traffic violations, then the rules on how they can cite supposed violators. I could almost see it if they had a roving security patrol that witnessed the infraction and issued the citation but not on the word of a neighbor or a Board member.

Studies show that 5 out of 4 people have problems with fractions
BillyB2 (Pennsylvania)
Posts: 6
Posted:
Quote:
Posted By GlenL on 10/07/2012 6:19 PM
Posted By BillyB2 on 10/07/2012 6:05 PM
Thanks again for all the input! I have never dealt with such matters so please bare with me: would you suggest I go over their rules in regards to issuing tickets?


First step would be to read the covenants to see where they get the power to enforce traffic violations, then the rules on how they can cite supposed violators. I could almost see it if they had a roving security patrol that witnessed the infraction and issued the citation but not on the word of a neighbor or a Board member.

I can't seem to find them at my home or online, I guess the best thing would be to ask them to provide them to me.
BillyB2 (Pennsylvania)
Posts: 6
Posted:
Does anyone have any other advice?
GlenL (Ohio)
Posts: 5,491
Posted:
The Covenants should be available online at your County Recorder's website although you will probably need to request a copy of the rules from the HOA.

Studies show that 5 out of 4 people have problems with fractions
NancyG3 (North Carolina)
Posts: 342
Posted:
GillyB = Are you a renter or homeowner? You should have been given a copy of the CC&R's if you purchased a home.
NancyG3 (North Carolina)
Posts: 342
Posted:
Sorry again = I must be half asleep, mispelled your name BillyG
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Billy

The fine has been issued based solely on the alleged observation of the other driver. I suggest you simply dispute what the other driver claims.

Also if you were fined, what would be the ramifications of such a fine? Meaning how could they enforce it?

Also in the future, give them old farts a wide berth.

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