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RickH8 (Florida)
Posts: 2
Posted:
Our HOA here in Florida made new rules affecting golf cart use to the use of scooters to atv's. Our roads are what is called quasi public which means there maintained by the homeownrs but have public access like a parking lot. My questions is they made rules affecting the use on our public roads in our HOA. an example is no dirt bikes on the roads. I have no problem with that but can they legally enforce this?? I was told by sheriffs office no they must enforce traffic laws since there public roads but our HOA and attorney say yes they can. Our attorney pretty much said pass the rules and
If we get sued we will see what happens. They even made toy scooters like the kids use legal on our roads which fl law states you can't use on public roads. So the big question is the attorney said you can't send us a ticket but you could enforce traffic laws through a review and fining committee is this legal to do??? I was under the impression you have the right to a court hearing for a traffic offense. One thing they did say was all the rules they made apply to non registered vehicles. But Fl laws already address non registered vehicle use on public streets and there fines associated with them and who can enforce them (police). I'm not for the use of atvs and such on the roads just don't want our board breaking the law at the same time. Nor do we want to pay our attorney if we do get sued. Any info will be helpful.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Rick,

Associations may adopt rules and regulations for common areas. The Police won't enforce them, but the Association can. The Association rules/regs will only be enforceable upon members and, because members are responsible for actions of their guests, the members guests/tenants.

This is the main case for the basis of such rules:

In MARYLAND ESTATES HOMEOWNERS' v. PUCKETT, which seems to be referenced in many cases in other States, seems to be the basis for enforcing parking restrictions on public streets on Associations members.

RickH8 (Florida)
Posts: 2
Posted:
Parking restrictions are in our bylaws which are parking fines through the fining comittee but they are including moving violations which unless you are deemed this power from local or state police can you legally enforce?
TimB4 (Tennessee)
Posts: 21,059
Posted:
For legalities, you will need to consult an attorney. All we can do is provide opinion based on the information contained in your posting, personal experiences and any research we have done.

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