Fining for gate crashing

Started by LoriM15 • 7 replies • 791 views

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LoriM15 (Florida)
Posts: 1,009

Posted:

We are a gated community with six sets of gates to various parts of the community. We have four of the six entry gates are residents only, but two have visitor call boxes. All six have exit gates. It's a lot of mechanics - barrier arms and steel "leaf" gates.

We have an ongoing problem with people trying to tailgate into the community through the residents only gates and breaking off the barrier arms. They are meant to break off pretty easily (can still damage your car) but we have to either get the gate company to repair of if our maintanance person is on property he can repair.

We have decided to start fining people who knock off the barrier arm. We have a very good camera system and can see license plates and drivers day or night, so getting the information won't be too hard. We haven't decided yet how much the fine will be but we want it to be enough to deter people.

In Florida, the normal fining system is that you have to give 14 day notice to appear before the board to hear the violation and set a fine. I'm wondering if, because this is a cost to repair if we have to file the normal fining procedure or if we can just bill them as a cost to repair. I know each state is different, but does anyone have experience doing this?

On another note, I just googled to see if there were any results about this topic and I got two pages of ads and results from law firms and websites that are clearly anti-HOAs and offering ways to beat fines and rules. I've never run into results that are as clearly biased on the subject. Did google change the way they present things?

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By LoriM15 on 04/04/2023 7:32 AM
I'm wondering if, because this is a cost to repair if we have to file the normal fining procedure or if we can just bill them as a cost to repair. I know each state is different, but does anyone have experience doing this?

One of my condo associations had the same challenge: It had an entry gate, with timing for the gate to close. People would tailgate. Often (not even "sometimes"), the gate came down on a tailgater.

I know the tailgater (when identifiable) was billed for the damage (gate replacement) under a covenant that permitted the billing of an owner for damage he or she personally caused to common areas.

TimB4 (Tennessee)
Posts: 21,061

Posted:

The member should be assessed the cost of the gate company to come out and repair already.

Are you talking about a penalty above the cost of repair?

KerryL1 (California)
Posts: 14,550

Posted:

Our CC&Rs, too, say to bill the Owner for the cost to repair/replace damage done to the common area by an Owner. In CA, the Owner must be called to a hearing in order for the Board to levy an "Enforcement Assessment"or a fine.

Our Board has the option to add a fine, but probably would not unless the violator was a repeat offender.

Our urban condo building does have vehicle entry/exit gates

LetA (Nevada)
Posts: 2,679

Posted:

Yes I feel a fine assessed to the offender for damaging the gate in addition to the cost of repairs to fix the gate. We just had one in our community.
They heavily damaged the front of their car crashing into the gate, Jaws did his job. They were fined for damage to community property plus the cost of
the repair.

MarkM19 (Texas)
Posts: 1,459

Posted:

Lori,
You may have to create a new bylaw that states this fine. I do not recall the exact term that I have seen but it can happen without the normal fine schedule or notices sent.

You have damages and also the vehicle that caused the damage. It should be undeniable.

MarkM19 (Texas)
Posts: 1,459

Posted:

Lori,
The term I was thing about that we got from our Attorney was an "Incurable Fine"

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This isn't a "Fine" but reimbursement of repair of damages. Your HOA has the right to collect for damages to the gate. This would be more enforceable over a fine. A fine isn't something can officially lien or foreclose for in many states. However, damages is something that may be recoverable via a lien once the HOA has damage occur.

Fines are punitive. Damage is not punitive. It is cost of repair to be made "Whole". Which is what a court would do. Make one "Whole" not a profit.

Former HOA President

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