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DavidJ17 (Florida)
Posts: 47
Posted:
I've heard sidewalks in an HOA in a Condo Complex is private property. and cars are allowed to block sidewalks. Does that mean we can put up a sign that says THIS SIDEWALK IS PRIVATE-NOT TO BE USED BY THE PUBLIC.... I really don't get it. Police cannot ticket cars parked on sidewalks in an HOA private community. But they can in a neighborhood with houses? Isn't each house in a neighborhood also private property?
RichardP13 (California)
Posts: 3,868
Posted:
Sidewalks in a regular neighborhood are public, sidewalks in a HOA are private meaning police keep out.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Sidewalks within an HOA/COA are typically owned by the Association if the streets/parking areas are private.

Sidewalks within neighborhoods (regardless of HOA/COA) that are on public roads are typically the responsibility of the city and are considered public. Said sidewalks are typically on an easement.
DavidJ17 (Florida)
Posts: 47
Posted:
our own police dept came out and ticketed cars blocking sidewalks in our hoa condo complex only to find out later from an e-mail from the city that the tickets they handed out were dismissed. how can a police dept (or city) not already know in advanced that they could not hand out parking tickets to cars blocking sidewalks?
RichardP13 (California)
Posts: 3,868
Posted:
The courts have final jurisdiction and they probably threw them out.
DavidJ17 (Florida)
Posts: 47
Posted:
that brings me to my next question. what's considered private/public? our condo has 2 cul-de-sacs which are private, but we have a main street where anyone can drive thru from one end out the other which tells me that is a public road. the driveways where the cars were parking on the sidewalk that were given a ticket are located on the main street. also, the sidewalk that these cars were parking on can be used by the public from one entrance/exit to our neighborhood, and out the other entrance/exit of our neighborhood. so the the public can drive down our main street and the public can walk on our sidewalks, but yet everyone seems to keep calling an hoa condo a private community.
TimB4 (Tennessee)
Posts: 21,059
Posted:
The short answer would be who is responsible for the maintenance/repair.

If it is required to be repaired by you - private.
If it is required to be repaired by the city/county - public.

I live in a development that is privately owned. The Association owns the land, streets, sidewalks. However, it is not gated and the public uses the streets and probably the sidewalks.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By TimB4 on 02/12/2019 1:21 AM
The short answer would be who is responsible for the maintenance/repair.

If it is required to be repaired by you - private.
If it is required to be repaired by the city/county - public.


Keep in mind that this would be an overly simplified explanation.
DavidJ17 (Florida)
Posts: 47
Posted:
i've been reading up, and i do see that private streets can be used by the public.. didn't know that. i thought private was private was private. it just doesn't sound right to live in a private community where the public has access. and yet condos don't have to have handicap spaces because there are no public amenities (like a pool, rec room). but the public can sure walk down our sidewalks, drive down our streets, and cars can park on top of sidewalks without police interference. wow.
DavidJ17 (Florida)
Posts: 47
Posted:
i've been reading up, and i do see that private streets can be used by the public.. didn't know that. i thought private was private was private. it just doesn't sound right to live in a private community where the public has access. and yet condos don't have to have handicap spaces because there are no public amenities (like a pool, rec room). but the public can sure walk down our sidewalks, drive down our streets, and cars can park on top of sidewalks without police interference. wow.
SheliaH (Indiana)
Posts: 6,964
Posted:
You and your neighbors do have friends, family and contractors coming to your home to visit, deliver stuff or make repairs - how in the hell will they do that if they can't use the streets????

As I asked in your last post, have you discussed any of your concerns with your board of directors? Our community adopted the city and county rules regarding speeding, parking, etc., for community rules, so if you or your visitors do things like park on the sidewalk, use the street as a racetrack, etc., our security officers (who are off duty cops) can and will ticket you. That might be something your community can consider.

I don't know how long you've lived in your community, but it sounds like you don't know a lot about its rules. Pull out your documents and start reading them, along with board meeting minutes - there may be some other regulations you need to be aware of.

As for handicapped parking, if you need a spot in front of your home, why not talk to your BOARD? They might allow this with written documentation of the disability.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By DavidJ17 on 02/11/2019 9:34 PM
that brings me to my next question. what's considered private/public? our condo has 2 cul-de-sacs which are private, but we have a main street where anyone can drive thru from one end out the other which tells me that is a public road. the driveways where the cars were parking on the sidewalk that were given a ticket are located on the main street. also, the sidewalk that these cars were parking on can be used by the public from one entrance/exit to our neighborhood, and out the other entrance/exit of our neighborhood. so the the public can drive down our main street and the public can walk on our sidewalks, but yet everyone seems to keep calling an hoa condo a private community.

Here is a breakdown. Your developer created a "private" community with private roads. when the developer agreed to build this community, likely they agreed to develop outside the walls i.e. pour sidewalks for public easement. There has been allot of development on the part of Vegas I live in, and each developer agreed to pour sidewalks for public easement. With that said, police cannot ticket inside the gates, but if someone is parked blocking a sidewalk on the easement portion.... then all bets are off it is open season. Check with your local laws, in some cases police departments are allowed access with permission from the BOD to freely ticket.
DavidJ17 (Florida)
Posts: 47
Posted:
when you say 'inside the gates' do you mean a gated community? cause this is not a gated community. police did ticket cars for blocking sidewalks, but later had to dismiss the tickets according to some judges. as much as i've read, it seems like police cannot ticket cars on private property, however, i think the hoa can approve or allow or have a contract with the local police to ticket cars.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
David

The HOA might also be able to have the cars towed as they are parking on private property without permission.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By DavidJ17 on 02/12/2019 5:30 AM
however, i think the hoa can approve or allow or have a contract with the local police to ticket cars.

I think that is how it normally works. There has to be some sort of written agreement between the association and the local law enforcement agency to provide agreed upon services.

I'm in a gated community with a speed limit on our private streets that's frequently broken. Many owners express the sentiment that we should have more police patrols in the neighborhood to catch both speeders and investigate the occasional strangers seen wandering the community. But it's unrealistic to expect the sheriff is going to station a patrol car in here for hours on end to ticket maybe 2 speeders a day. We're not about to enter into any sort of agreement for that service. It wouldn't be worth it.

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