Halloween

Started by AndrewJ3 • 13 replies • 1006 views

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AndrewJ3 (Florida)
Posts: 20

Posted:

Quick question.
Does a HOA have the power to control what Halloween hours for Trick or Treating are?
If they can't enforce that can you please provide the rule that says so, thanks!

Notes:
•In Florida
•Roads in the neighborhood are public
•If you need anymore info let me know.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It's not something a HOA or anyone living in/out of a HOA controls. Trick or Treating is usually acceptable to be from sundown till around 9 pm latest. No "rules" accept what the city may have in place for curfews. Some cities have a 10 pm curfew on teenagers.

Our HOA I threw a Halloween party. Had all the kids meet at the clubhouse. We have them go all out together so everyone knew those kids were HOA members kids. Once that group passed then they could decide to turn off their front porch light. Otherwise they could bring the candy or themselves to the clubhouse.

As long as I have Trick or Treated, as long as you leave your front porch light on, your going to get the kiddies.

Former HOA President

FredS7 (Arizona)
Posts: 927

Posted:

Seems to me a CITY can't "control" Halloween hours. I don't see how an HOA can if your streets are public. (If not public, I suppose in principle you could limit access by outsiders).

All the CIT does is to recommend. Sensible parents would adhere to recommendations both for safety and productivity reasons.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By AndrewJ3 on 11/02/2017 1:01 PM

If they can't enforce that can you please provide the rule that says so, thanks!

Wrong question.

Ask them under what authority are setting curfew for pedestrians on public roads.

AdamD (Indiana)
Posts: 42

Posted:

In my HOA, streets are public and we live in the county. Our county sets Trick or Treating hours between 5:30 and 8:30 pm.

GenoS (Florida)
Posts: 4,276

Posted:

We have no set hours in our gated community with private roads. We do demand to see their papers, though.

CarlJ2 (Texas)
Posts: 194

Posted:

I thought an HOA could forbid anyone from walking on their roads for any reason? Otherwise, the age restricted communities won't work.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By CarlJ2 on 11/03/2017 8:24 PM
I thought an HOA could forbid anyone from walking on their roads for any reason? Otherwise, the age restricted communities won't work.

Single family homes in gated HOA's have some leadway Condos however, especially low, mid and high rise have all the power in the world to ban
the little beggars from roaming the halls.

The condo tower I guarded at held a Halloween party in the party room.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By CarlJ2 on 11/03/2017 8:24 PM
I thought an HOA could forbid anyone from walking on their roads for any reason? Otherwise, the age restricted communities won't work.

If the streets/sidewalks are private as in owned by the association, then non owner use can be banned.

Where some get confused is if the streets are public but members of the association signed Covenants banning street parking, then that ban stands for the association members.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I think the word "Private" and "Exclusive use" of HOA property can confuse. We say "Private roads" really to indicate that they do not fall under "Public use". The roads are "Exclusively own/maintained" by the HOA. It doesn't necessarily make them "Private". Meaning exclusive use of the roads apply to the HOA members.

So one can't tell another members in a "private" street you can't walk past my house on that strip of road because it's private. You can instead restrict/limit use to those who are part of the public. Considering renters/residents would not fall under the public.

Hope that makes some kind of sense. Private roads doesn't equate to complete closing off to the public. It just means that public resources are not used or applied to them.

Former HOA President

MichelleK5 (New York)
Posts: 161

Posted:

Quote:

Posted By MelissaP1 on 11/04/2017 6:12 AM
I think the word "Private" and "Exclusive use" of HOA property can confuse. We say "Private roads" really to indicate that they do not fall under "Public use". The roads are "Exclusively own/maintained" by the HOA. It doesn't necessarily make them "Private". Meaning exclusive use of the roads apply to the HOA members.

So one can't tell another members in a "private" street you can't walk past my house on that strip of road because it's private. You can instead restrict/limit use to those who are part of the public. Considering renters/residents would not fall under the public.

Hope that makes some kind of sense. Private roads doesn't equate to complete closing off to the public. It just means that public resources are not used or applied to them.

Melissa, I'm not following you-

As far as I know, a private road is just that, private. It's not owned by the town or county. In that regard, the private entity who owns the road, absolutely has the right to decide who can access it (aside from easements, or any arrangements they have with the town of course). So if they choose to close it off to the public, they're absolutely within their right to do so.

One of the roads within my HOA is private and leads to a property within the HOA. It's a dead end and doesn't go anywhere but that house.
The HOA members do not have a right to use it, nor does the public. The family who owns the one home on that road maintains it.

KerryL1 (California)
Posts: 14,550

Posted:

"Exclusive use common areas" also is known as "limited use common areas." It refers to certain aspects of the HOA that only can be used by the individual owner, e.g., my condo balcony and my condo's deeded parking spaces. It does not mean as Melissa is trying to define it, e.g., streets or sidewalks that any resident in the HOA may use.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By AndrewJ3 on 11/02/2017 1:01 PM
Quick question.
Does a HOA have the power to control what Halloween hours for Trick or Treating are? NO ... for public streets as you have noted below. Also, even if you are private streets and not GATED community limited access, potentiall the answer would also be NO.
If they can't enforce that can you please provide the rule that says so, thanks! The rule is ... Common Sense!!! The only entity who can make laws and regulations for "public property" owned by any local government .. is the local government.

Notes:
•In Florida
•Roads in the neighborhood are public. HOA cannot ban PUBLIC roads as noted above for Trick or Treat on Halloween..
•If you need anymore info let me know.

Simple as noted above ... DONE!

AndrewJ3 (Florida)
Posts: 20

Posted:

Thank you everyone for the great feedback! It has helped me so much!!

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