Security writing fines

Started by WadeM2 • 3 replies • 1340 views

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WadeM2 (Nevada)
Posts: 1

Posted:

I am a resident of a HOA here in Las Vegas. I saw on the news the other day, that other (unnamed property) had their security guards are watching the residents as if they were cops. They would report the traffic offences to the management company. Then the management company would issue a fine to the resident. The offences were running stops signs and speeding. I know no one wants people in their neighborhood to run stop signs or speed. But do we want security guards deciding who gets fined or who doesn’t. Cops are trained in these fields and have radar guns. I mean some security guards may take this the wrong way and become “Super Cop”. Am I the only one how feels this way?

JosephW (Michigan)
Posts: 882

Posted:

The problem is that in many of the associations, the roads are private, and the police often choose (or are prohibited) from enforcing traffic laws on non-public streets. It is rare, but I've seen a number of associations lately that are writing traffic offenses on their roads as fines, especially if they have been having problems with speeders, running stop signs or whatever. The association has an unclear responsibility regarding the safety and security of the owners, but generally, if they know they have a problem, they are supposed to do something to try and correct it.

Joe

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RobertR1 (South Carolina)
Posts: 5,164

Posted:

Our HOA has Security Police that are state ceretified officers, can carry weapons and write state citations. They can also write HOA citations.
For HOA citations (officer discreation) the offender has to pay the assigned fine or go before an appeals committee. The HOA fines, through experience, have gone up dramatically. They found folks would rather pay the fine than correct their behavior. They are at a level now that they will get your attention. I am not a big fan of devising ways to punish the masses for the ills of the few, but I don't set the rules and have the knowledge and experience the appeals board has. Security is a big chunk of money but when run right it is a great benefit.

Jadedone4 (Virginia)
Posts: 495

Posted:

Wade,

If your security company's contract calls for them to perform such duties, it is part of their service to the community. HOA's are businesses, so really there should not be a "distinction" between the security guard in an HOA, or a mall. If they are granted certain "policing" powers in the scope of their performance, then it is appropriate for them to report to M/C or the board in addressing fines. I would expect however, that they also provide proof of infractions, or swear/affirm to the infractions committing.

As far as agree/disagreeing with this process, you need to address with your board. Someone has to authorize an active contract with the security firm. Also, most (not all) communities have "due process" requirements afforded to membership when infractions are noted. If the HOA has a process in place where infractions are witnessed, documented, presented, and afforded an appeal - I believe that it is appropriate. Again it depends on the HOA how, and if they want security, and at what levels of performance would be drafted in the performance (scope of work).

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