Gated HOA traffic enforcement

[Unregistered]

Does HCSO have any agreements in place to patrol and enforce traffic laws in any gated community HOA(No public access, code needed to enter) within the county? I have asked vanguard management and they just respond with generic answers that say they do but never produce the actual written agreement.

[Unregistered]

Yes, I know for a fact there are multiple gated communities in D4 that have signed agreements on file.

[Unregistered]

Is Braemar Community on that list? I believe it is in D4.

[Unregistered]

Is Braemar Community on that list? I believe it is in D4.

If you want a solid answer, call and speak with the traffic corporal at D4. They typically maintain the list and could verify.

[Unregistered]

I will make sure to call tomorrow and ask. In the mean time we have people on the HOA community page posting comments about throwing items into the street at cars they deem are speeding, their aim is to break windshields with basket balls and other like items in order to "teach them a lesson". I believe this would be criminal behavior on their part, the people in this community are crazy and selectively enforce rules. Would conspiring to commit criminal acts and then actually committing them land those persons in more trouble than the person allegedly speeding?

[Unregistered]

I will make sure to call tomorrow and ask. In the mean time we have people on the HOA community page posting comments about throwing items into the street at cars they deem are speeding, their aim is to break windshields with basket balls and other like items in order to "teach them a lesson". I believe this would be criminal behavior on their part, the people in this community are crazy and selectively enforce rules. Would conspiring to commit criminal acts and then actually committing them land those persons in more trouble than the person allegedly speeding?

Speeding can not be alleged. Witness testimony on a traffic infraction does not count unless there is a crash or if it is a criminal violation. Traffic infractions must be witnessed by law enforcement only in order for action to be taken. When was the last time anyone recived a traffic citation because a complainant or witness made an allegation? People can only complain about repeat traffic offenses in an area. However, when we respond to correct the matter, we only issue citations on what we witness at that point in time. We do not investigate latent traffic offenses unless its a crash or crime like hit and run. Only then will witness testimony be in play. To simplify it, only a cop can say that someone sped and can do something about it. Remember that in court we have to explain in detail how we proved that someone sped. Radar, laser, and then provide detailed speed training certifications and certifications on our radar and laser equippment. Not something a neighbor can do.

Now, if person A is speeding and person B witnesses this speeding and throws a rock or uses a bat to smash the speeder’s windshield, this would be a crime and the speeding would not be a factor. Remember person B can not testify to the speeding. Even if the speeding was witnessed by an officer. Its a simple traffic ticket. Person B would still be charged either way. In fact, during the interview, we would use their justification, angry at a speeder, as a way to get a confession out of them. Speeding does not give anyone the permission to commit a criminal mischief crime and damage property.

[Unregistered]

Thank you for taking the time to explain that in detail. I have one last question, I have tried calling HSCO and left a message but have not received a return call. If you're in the HOA to enforce traffic control with a 15mph posted speed limit are you able to enforce infractions for that? There is an ongoing argument that state law has to be followed and the HOA's 15mph limit is not inline with the states minimum residential speed limit. There is also another argument that all the road signs in the community have to conform to Florida DOT standards for those to be enforced.

[Unregistered]

Thank you for taking the time to explain that in detail. I have one last question, I have tried calling HSCO and left a message but have not received a return call. If you're in the HOA to enforce traffic control with a 15mph posted speed limit are you able to enforce infractions for that? There is an ongoing argument that state law has to be followed and the HOA's 15mph limit is not inline with the states minimum residential speed limit. There is also another argument that all the road signs in the community have to conform to Florida DOT standards for those to be enforced.

It depends on if the roads are county owned or not. Many are private property and the HCSO is more of a show of force, but can not enforce. Thats why the speed limit signs look different. They are not official speeds. 25mph is residential no matter what a private HOA sign says. On private property, stop signs and speed signs do not mean much legally. Its like a stop sign in you back yard, living room, or pool no value. However, I will tell you this. HOA’s have much more power than they are aware of. Everything I mentioned about traffic laws, and so on, are for LEO enforcement. In the civil world, more can be done. HOA’s that know what they are doing do not dump issues like this on the police. They issue their own fines. On top of that, they are not bound by guidelines like we are. Example: It is 100% legal to park a vehicle along side a road as long as it if facing the proper direction. However, some HOA’s say you cant park like that. If you do, they fine you or tow your car. Thats more than we can do even if it was illegal. We would issue a $25 to $40 parking citation. An HOA can issue a fine in whatever amount the HOA board agrees on, like $150.00. I have seen HOA members witness people run stop signs and then follow the drivers to a residence and issue the home owner a private HOA rule violation citation. They can do that. We can not.

Remember that when we are called to try to fix issues that we really are not meant to handle, its because someone does not know what they are doing or they do not want to hire a lawyer and take legal action. This issue can be easily fixed by your HOA.