I was recently charged with speeding by my condo association. I pointed out that the person making the accusation was an untrained observer (not a policeman) and did not use radar or any other objective evidence. The condo board claimed that the road in the condo is a private road and thus STATE speeding laws and procedures do not apply to them.

Can this really be true?

We had an ADR hearing and the ADR guy ruled in favor of the board. OK, I paid the fine but am not happy about it



PS One of the things I've found out since is that the property manger, a representative of the Management Firm to the condo board -- does NOT have the PCAM credential which, nevertheless, he regularly appends to his name in all professional correspondence

Wonder if this helps my case.. (thinking of going to court next time it happens)

It's possible that state laws and procedures do not apply to the condo's roads. However I think it's highly unlikely. In NJ if a condo assoc. wants the police to patrol the roads then they have to consent to all state and municipal laws being applicable to those roads. Call your local police dept. and ask them if the laws apply to the condo's roads.

As for the property manager, I can't see how his lack of claimed credentials helps your case unless he is the one who made the accusation. If he is the one who made the accusation then you may be able to get the arbitrator to reopen the case but good luck there. I don't think it's likely to happen.

Thanks Lisa; sounds good

As I noted in the title of this post, it actually WAS the management firm repres. To the board who charged us with the speeding fine. And when we met with the board it was he who said "the fine remains."

Does this change anything?

Lisa is correct that if the HOA wants the police to patrol, then they have to adhere to local laws. However, its very possible they do not want police patrols. They may have their own security, maintenance, trash removal etc. In other words they don't use any municipal services. If this is a gated community with controlled access, then this could very well be the case.

As to the Property Manager, unless he was the complaining witness, then it has nothing to do with your case. On the other hand, if the board has hired someone who has falsified their credentials, then you could campaign against the board members for incompetence.

By the way, if they aren't using local services you are probably paying double, unless they have a tax abatement.

First, I merged your two threads. Please don't start a new thread for follow-up, use the Answer This Question options on the bottom.

Second, no it really does not make a difference. If the board supports the management reps that's up to them.

Ok sounds good; thanks all