CayLee Anthony's mother and an HOA

To me that the HOA would attempt this, and people would think of how to make this an HOA problem is a symptom of the abuse of HOA power.

The only way the HOA has a case is if they own the streets. If they are public, then the HOA has no case or reason to stop the action. And the only involvement the HOA should consider is to ensure that the protesters do not litter, or cause unsafe conditions. If the protesters were blocking traffic, there could be a problem. If they are leaving behind trash, there could be a problem.

But we have a right to peaceable assembly. We have a right to express our opinions. We do not have a right to stop others from exercising such rights. If you don't like the protesters, then ignore them.

Unfortunately. this is not a gated community but the HOA really dropped the ball by not demanding that the police/county Sheriffs dept. keep some order. There are curfew rules in that area and that includes noise restrictions. The protestors should be removed at once because of obstruction of the streets and noise. I totally agree with the fact that they are angry but to cause such a disturbance will not solve this case. This entire HOA area has shown that they are not in control of enforcement of HOA rules, however lax they may be.

Not to get technical...but I shall anyway.

According to the OP, Her Honor...

>>>...wrote that the association again failed to adequately notify the protesters of the pleading and give them time to defend themselves against the allegations.<<<

Her Honor did not rule on whether the protesters could be sent elsewhere; she said the HOA did not give them notice of the pleading so they could contest the HOA's beef.

Having said that, I agree with Donna.

These were my questions. Where are the police, what led up too them, the HOA, taking it too court. I know the protests have gotten heated and in that instance, should I live in this association, I being on the Board, would be watching these protesters very carefully and call the law on them anytime they got out of hand. I would take it too the higher police authorities if the "street" police did not see that the law was upheld.

Here where we live, it is quite easy to trespass someone. However we live on private property. JUST based on the fact that a home was physically assaulted during the heat, I would think they could trespass them. The HOA should not take the law into their own hands -governing documents - they should pursue all steps to see the law officers in-force the law and possibly find alternative legal advice so they follow they can get favor in the court.

John,

This is not Tabloid but a case of a missing 2 then she became 3 year old who's own mother did not report her missing for a month. The Grandmother finally called the Police when she smelled what she called " a damned dead body in the trunk of her car". The Mother has stuck with a lame story that the Nannie has kidnapped her, ficticious Nannie it has been proven. Mom had researched Chloroform and that was picked up in the trunk of the car. It is now over 3 months and no clue as to where the child is. Mom is still lieing about everything. Protesters have been outside of the house for 2 months so you can see where the other residents have had enough.

Glen,

Those of us who have followed this case have sympathy for the Sheriffs Dept and all of the folks who are so frustrated by this nut case of a story. And I'll bet that you are right about them not wanting to step in to make the protesters go away but it doesn't seem like she (Mom) will crack. Never the less, I would be so mad if I lived on that street and had to deal with this. Thinking about the BOD and what call to make as for ridding the streets of the protesters. I bet that they want the Anthony story to go away asap.

Well, I guess I'm the only dissenter here.

The HOA is not a governmental agency and it is not in the business of doing the job of the police department.

This is a matter for the police to handle and not a matter for the HOA.

Since this is a public street, the HOA board has no jurisdiction over the protesters. They cannot lean on the residents (Caylee's grandma and grandpa) since they did not INVITE the protesters onto the road, and have been vociferous in telling them to leave.

That means the HOA has to lean on the police department.

They may POSSIBLY be able to bring action against the protesters, but it seems to me that would be an upward spiraling problem.

They would have to individually sue each protester. How would they serve them? What about new protesters who show up on different days?

No, it's a police action and needs to be handled by the proper authorities.

I WOULD, in my capacity as an HOA board member, make it a point to lean on my metro councilperson or representative to have THEM lean on the police to be more diligent in keeping the protesters on a short leash, possible enforce some sort of curfew, protest zone, that sort of thing.

But it just seems to me that board itself has no jurisdiction over the protesters.

Aside from contacting everyone above the PD, I would have all neighbors surrounding the home purchase a cheap sprinkler (or purchase them through the HOA), the kind that osculate, and turn them on facing the road and surrounding areas. I would get clever until help could arrive from the officials.

I believe in protesting to a certain point, when done in a neighborhood...I don't agree with it. Homes are peoples sanctuaries, it is an invasion of ones privacy and deprives the homeowners the right to live in their homes peacefully.