I own an electrical company. One of my drivers was cited by the security at a homeowners association for not stopping at a stop sign. They told me they can keep my trucks out of there community if I do not pay there fine. This is in Florida.

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Originally Posted by emacon

They told me they can keep my trucks out of there community if I do not pay there fine. This is in Florida.

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Hello e:

I HATE homeowners asssociations. They get all taken up with their power. They are run by little people who have never had any power in their lives. All of a sudden they found that they can tell other people what to do. They're often little Gestapos...

But, sometimes, they step over the line... I'd write this HOA a letter telling them that you want to challenge their ticket in their HOA court. Tell them that if they want to act like a quasi-government agency, they'll have to do it ALL the way. This IS America, and you have the RIGHT to challenge your ticket. Tell them, that if they don't have one of those, they can't enforce their ticket...

I'd tell them further, that if they prevent your trucks from entering their property to serve YOUR customers, you'll SUE them for restraint of trade. Send your letter certified, return receipt requested.

excon

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Originally Posted by excon

Hello e:

I HATE homeowners asssociations. They get all taken up with their power. They are run by little people who have never had any power in their lives. All of a sudden they found that they can tell other people what to do. They're often little Gestapos...

But, sometimes, they step over the line... I'd write this HOA a letter telling them that you want to challenge their ticket in their HOA court. Tell them you're certain they don't have one of those, therefor they can't enforce their ticket....

I'd tell them further, that if they prevent your trucks from entering their property to serve YOUR customers, you'll SUE them for restraint of trade. Send your letter certified, return receipt requested.

excon

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I go to a lot of homeowners association meetings for business and it does not matter how many people are at the meeting. There is always two people who try to tell me how to run my business.

I have never heard of HOA court. I appreciate your feedback.

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Originally Posted by emacon

I have never heard of HOA court. I appreciate your feedback.

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Hello again, e:

Me neither. But, if they want to enforce their law, they're going to need to establish one. Enforcement of the law is a TWO way street. They just want the ONE way that allows them to collect money... IF they want to enforce the law, YOU have Constitutional rights in the matter. One of your rights is to plead NOT GUILTY to their charges.

This is the problem when private agencies have quasi-governmental authority. If the start acting like government, they have to do it all the way. They can't just pick the stuff they like.

excon

Are the streets public property or are they owned by the HOA? If they are public property then you can tell them where they can stick their ticket. If the streets are private property then I would follow excon's excellent advice.

You can call the police department or the town hall to find out if the streets are public or private.

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Originally Posted by LisaB4657

Are the streets public property or are they owned by the HOA? If they are public property then you can tell them where they can stick their ticket. If the streets are private property then I would follow excon's excellent advice.

You can call the police department or the town hall to find out if the streets are public or private.

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I obviously do not have to pay the ticket but they have threatened not to let me on there property if I do not pay. If the streets are public property then it really is not there property? Is that what you are saying?

If the HOA does own the property does that mean they can legally stop me from driving on there streets and stop me from servicing my customers?

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Originally Posted by emacon

I obviously do not have to pay the ticket but they have threatened not to let me on there property if I do not pay. If the streets are public property then it really is not there property? Is that what you are saying?

If the HOA does own the property does that mean they can legally stop me from driving on there streets and stop me from servicing my customers?

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If the streets are public then they can't prevent you from driving on them. If the streets are private then they may be able to prevent you from driving on them but if they tried to enforce it I think you'd have an awesome lawsuit against them. The drawback is that the members of the HOA, the people who live there, are the ones who'd end up paying. And they are your customers.