Florida HOA Can we Issue Tickets

Started by RonM21 • 7 replies • 1085 views

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RonM21 (Florida)
Posts: 4

Posted:

We have a gated community in Florida and are looking into purchasing Driver feedback signs with cameras. The units use LEDDAR radar technology. The system takes a photo of the plate of any vehicle traveling above the posted speed limit. I know there are communities in Florida that are issuing tickets using this system however I keep getting stuck with the 14 day notice of the statues. Can anyone help me find or do you know the Florida law that allows an HOA to fine a resident for failure to follow the posted speed limit on our private roads without giving them the 14 day notice? I need some help please!!!

DouglasK1 (Florida)
Posts: 2,046

Posted:

According to this article:
https://www.tampabay.com/news/tampa/2020/01/21/are-speed-cameras-the-answer-for-tampas-bayshore/
governments in Florida are not allowed to use speeding cameras to issue tickets.

You might be able to fine members based on the speed camera if speeding could be framed as a violation of your CCRs, but probably not issue tickets to others. I personally have no experience and don't recall the topic being raised here before. If you know of other communities using them, can you reach out to those associations to see how they are handling?

Escaped former treasurer and director of a self managed association.

RonM21 (Florida)
Posts: 4

Posted:

Thanks Douglas for the response. I think the article is referring to public streets our streets are private and owned and maintained by the HOA. I have reached out to other communities that are issuing tickets but they keep that info pretty tight to the vest and will give general steps but leave it with your attorney will need to help. The problem is the attorney just wants to say yes but 14 days notice and I don't believe that is correct. I was hoping someone who is using the same kind of equipment might offer some advice.

SheliaH (Indiana)
Posts: 6,964

Posted:

If you don't think it's correct, why didn't you just ask him or her for the citation and read it yourself?

In our community, we've adopted the city and county rules on parking and speeding as our own. We own most of the streets except for the m win drag that runs through the community. We also have off duty cops who serve as our security officers and she they see violations, they can ticket. Because ticket money goes to the city, we don't have to try about an advanced notice for speeding or parking because we have signs in the community posting the speed limit.If

You may want to look into doing some similar for your community. Don't worry about collecting money - Your goal should be to ensure safety so someone doesn't zoom down the street and hit someone. Having the police issue tickets can lead to more drama for the homeowner with large fines or getting an illegally parked car out of an impound lot.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

RonM21 (Florida)
Posts: 4

Posted:

Thanks for the feedback Sheila, I would have asked if I was present this conversation was through the Board President. Yes I agree the goal is to protect the residents however without any sort of penalty they won't/aren't changing their behavior...

KerryL1 (California)
Posts: 14,550

Posted:

Instead of tickets, couldn't you simply make speeding a rule of your HOA and assign $$ penalties for violations after a hearing, etc.?

RonM21 (Florida)
Posts: 4

Posted:

Hey Kerry thanks for the reply...that's what I meant by tickets was a fine. In Florida we have a notification process for an HOA to fine a resident which is basically 14days and a hearing. I know some communities have passed a resolution declaring a fine schedule for speeders and they do it without any of the whole process of the hearing. The equipment takes a picture of the plate for the vehicle that is speeding and that becomes the ticket...

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By RonM21 on 07/29/2021 5:35 PM
Hey Kerry thanks for the reply...that's what I meant by tickets was a fine. In Florida we have a notification process for an HOA to fine a resident which is basically 14days and a hearing. I know some communities have passed a resolution declaring a fine schedule for speeders and they do it without any of the whole process of the hearing. The equipment takes a picture of the plate for the vehicle that is speeding and that becomes the ticket...

And you throw away due process? Even if a cop gives a ticket for anything, including speeding, the person issued the ticket still is entitled to due process.

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