[lyra33]

I actually would not have a problem with them monitoring things I just think they should have done a better job notifying members they are doing it. Like posting a sign warning that the speed is being enforced.

[justthe2ofus]

the OP hasn't actually said he had contact with this radar wielding person. how can the HOA prove that the incident actually occurred if some person wrote down the plate number of a car at any given time and claim that an infraction happened? what if the OP wasn't the one driving the car, as a traffic ticket is issued to the driver. the OP didn't sign a ticket at the time.

there can be a host of reasons that the owner of the car was not driving it at the time, and in the real world, the person operating the vehicle is ultimately responsible for everything that happens while it is operated. without a signed infraction, one cannot ultimately point the finger at one particular person.

is there any photograph of this infraction that supposedly was seen? if someone has weeds in the yard, the HOA could take a picture with a time stamp and date, and that evidence could serve to prove the infraction.

[MadManofBethesda]

Originally Posted by justthe2ofus

the OP hasn't actually said he had contact with this radar wielding person. how can the HOA prove that the incident actually occurred if some person wrote down the plate number of a car at any given time and claim that an infraction happened? what if the OP wasn't the one driving the car, as a traffic ticket is issued to the driver. the OP didn't sign a ticket at the time.

there can be a host of reasons that the owner of the car was not driving it at the time, and in the real world, the person operating the vehicle is ultimately responsible for everything that happens while it is operated. without a signed infraction, one cannot ultimately point the finger at one particular person.

First of all, it's an HOA fine, it is not a traffic ticket. Secondly, your point about how things operate in the "real world" is wrong as well. In states that have mounted speed cameras (or red light cameras for that matter), the traffic ticket is sent to the registered owner of the vehicle, not whoever may have been driving. The owner is responsible for paying the ticket. (I know that in at least some jurisdictions, if the owner wasn't driving at the time, the owner can subsequently provide information identifying the driver and have the ticket re-issued; but that doesn't change the fact that the municipality doesn't have to prove who was driving. If there is a dispute about who was driving, the ticket goes to the owner.)

[Joe3788]

Originally Posted by lyra33

I actually would not have a problem with them monitoring things I just think they should have done a better job notifying members they are doing it. Like posting a sign warning that the speed is being enforced.

There is a BIG sign when you enter the communtiy letting you know that you are being monitored by radar.

[justthe2ofus]

Originally Posted by MadManofBethesda

First of all, it's an HOA fine, it is not a traffic ticket. Secondly, your point about how things operate in the "real world" is wrong as well. In states that have mounted speed cameras (or red light cameras for that matter), the traffic ticket is sent to the registered owner of the vehicle, not whoever may have been driving. The owner is responsible for paying the ticket. (I know that in at least some jurisdictions, if the owner wasn't driving at the time, the owner can subsequently provide information identifying the driver and have the ticket re-issued; but that doesn't change the fact that the municipality doesn't have to prove who was driving. If there is a dispute about who was driving, the ticket goes to the owner.)

yes, i get that it's an HOA fine.

obviously your real world, as opposed to an HOA world is a different experience than the ones i've experienced.

ps. a speeding ticket is issued to the person speeding in the vehicle that signs a citation.

[lyra33]

Originally Posted by Joe3788

There is a BIG sign when you enter the communtiy letting you know that you are being monitored by radar.

Well there you go then. I don't see how anyone can argue with that!

[VLWH]

Originally Posted by PinkString

Yes, you will have to bring your torch, some dude that looks eerily like Jeff Probst will put it out and say "the tribe has spoken." You will then be escorted out.

Or a rent-a-cop that looks like Gomer....


YouTube - Citizens Arrest

[unf0rgiven6262]

I would never get myself involved with a community like that but if you are warned before moving there, then there isn't much else to say.

[stogie54]

Originally Posted by olecapt

I expect you will find it in your CC&Rs and/or rules. There are a half dozen HOAs that do it. You can likely appeal the fine to the HOA board if you like...probably get it knocked down a bit anyway. But it is legit and very unlikely you can do anything about it.

I suggest however that practically you pay it and move on. It ain't worth the trouble of fighting and that board is likely to be more trouble than most.

and whatever you do...don't ignore it. Worse error possible in an HOA. Always pay or fight through the system. You get slaughtered if you don't respond.

Gated communities are always private roads. The municipalities ain't about to maintain private driveways...

I do not disagree with a word you wrote. Well put.

[Kaiminani]

Up Next - HOA Star Chambers!