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theoakman; you make such a sweeping generalization that there's no way to respond; you need to cite specific example
Now I certainly don't deny that people have, historically, TRIED to violate constitutional rights all the time, but of course people have fought back. The civil rights movement, Jim Crow laws, poll taxes and literacy tests for blacks were all successfully fought.
Does this mean someone, somewhere, isn't trying to violate someone's constitutional rights? I'm sure it does not mean that. But again, as history shows, people will fight back
However, to get back to the point of sach's original post; I doubt very much a condo can just manufacture any speed laws they like and get away with it. Think about it: this would give carte' blanche to anyone with a grudge against someone to merely report them for 'speeding' and get away with it -- in fact get away with it over and over and over.
Apropos to that, sach's condo certainly has an ADR procedure for resolving precisely these kinds of disputes, as required by NY law. And NJ RCA laws (which superede individual cond bylaws) allow the plaintiff to take it to court if he/she is not satisfied with the outcome of the ADR procedure.
Now of course it's true that legal expenses can be horrific but -- there is a fast-growing trend to people acting as their own attorney; the technical term for that is acting pro se. In fact there is now a pro se association which assists people acting pro se.
Of course you have to be smart to do this, but from what I read in sach's posts he's no dummy
theoakman; you make such a sweeping generalization that there's no way to respond; you need to cite specific example
Now I certainly don't deny that people have, historically, TRIED to violate constitutional rights all the time, but of course people have fought back. The civil rights movement, Jim Crow laws, poll taxes and literacy tests for blacks were all successfully fought.
Does this mean someone, somewhere, isn't trying to violate someone's constitutional rights? I'm sure it does not mean that. But again, as history shows, people will fight back
However, to get back to the point of sach's original post; I doubt very much a condo can just manufacture any speed laws they like and get away with it. Think about it: this would give carte' blanche to anyone with a grudge against someone to merely report them for 'speeding' and get away with it -- in fact get away with it over and over and over.
Apropos to that, sach's condo certainly has an ADR procedure for resolving precisely these kinds of disputes, as required by NY law. And NJ RCA laws (which superede individual cond bylaws) allow the plaintiff to take it to court if he/she is not satisfied with the outcome of the ADR procedure.
Now of course it's true that legal expenses can be horrific but -- there is a fast-growing trend to people acting as their own attorney; the technical term for that is acting pro se. In fact there is now a pro se association which assists people acting pro se.
Of course you have to be smart to do this, but from what I read in sach's posts he's no dummy
listen, I'm no expert on the judicial system at all, but if you want some food for thought, here's one example.
Quote:
"No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility."
The central bank of the US, the federal reserve, issues legal tender backed by absolutely nothing. It's paper. Furthermore, your coins that you have in your pocket are composed of copper, nickel, and zinc. The entire banking system we operate under is in direct violation of the US constitution because, according to the constitution, only gold and silver can be used as legal tender.
If you want a local example, the city of Belmar had it in their statutes that prohibited the use of "offensive language" and would regularly write kids tickets for dropping f bombs.
If you want a modern example, look no further than the patriot act.
I'm willing to bet that large percentage of the people who write laws at all levels of government have spent less than a day in their life looking at the US Constitution before they write them. Sure, eventually they get overturned. That doesn't mean a bunch of people aren't screwed over during the time in between.
Can some give me a more intelligent answer here? SweepTheLeg ASSUMES I was speeding which is precisely what I deny. Also he completely misses the point: I'm all for cracking down on speeding -- but it has to be done LEGALLY.
Also no one has addressed the question whether a condo board can 'override' state procedures on speeding.
Can an ATTORNEY please answer my question?
I'd like to nominate this post for "Biggest Attitude of the Week"
I don't think there's any disagrement here; yes the patriot act is an example; people try to stomp on rights all the time and always will That's why lawsuits fly and lawyers get rich (myself included ). But the struggle goes on, as it should
Can some give me a more intelligent answer here? SweepTheLeg ASSUMES I was speeding which is precisely what I deny. Also he completely misses the point: I'm all for cracking down on speeding -- but it has to be done LEGALLY.
Also no one has addressed the question whether a condo board can 'override' state procedures on speeding.
Can an ATTORNEY please answer my question?
Hi! I'm SweepTheLeg, Esquire!
SOMEBODY thought you were speeding. Did you take it to the condo board and discuss the charge with them, or were just looking for ways to weasel out of paying and see if you could stick it to your HOA?
I *WISH* someone would have cracked down on the speeding in my development. I couldn't walk at night because some dope would come careening down the 1 and 1/2 lane street at 40 MPH in a 25 zone.
SweeptheLeg claims he is an attorney: but look at one of his earlier posts:
just got a Good Faith Estimate from my Mortgage Co, and I had a few questions about the closing estimated costs. My mortgage company is very hard to speak with, so I figured I'd turn to the nice folks here.
Line 1109 - "Lenders Coverage" - I understand that is the title insurance for the Mortgage Company, and that is SEPARATE than my own Title Insurance? So I have to pay for two titles?
Lines 1201, 1202, 1203, and 1204 - Charges for recording fees, and tax stamps, and a lien release.
1) Does anyone have an estimate on what the recording fee in Mercer County is?
2) Does any town in Mercer Co. charge Tax stamps? Does NJ charge Mortgage tax/stamps?
The bank I'm using is based in Virginia, so they DO charge tax on mortgages, but I'm not sure if it affects me because the property is in NJ.
Thanks!!
--------------------------------------
He doesn't know the recording fee in Mercer county -- doesn't know how NJ law relates to VA, doesn't know if he has to pay for two titles...
That a LOAD of basic information for an 'attorney' not to have
I doubt you're an attorney. For one thing, you seem unfamiliar with the ADR procedure which is common for settling disputes
Secondly, you didn't address my main question - which is, 'do condos methods of assessing speeding supercede' STATE laws
I'm still waiting for someone to address that question
Tell you what. While you question my law degree, I'll question your common sense - what's going to stop a kid getting hit by some idiot doing 40 in a 25?
Does the constitution protect my children because someone wants to set a precedent instead of learning their lesson and paying whatever fine it is?
If you're denying you were speeding, talk to the HOA. Have a conversation and work it out. But if there's enough creedence that you were speeding, take your medicine and slow it down.
As my old man said, driving is priviledge. Not a right. And your number one priority while driving is the safety of others.
If people were complaining about doing 80 on a turnpike, then I'd see the problem. Big, big difference in a small residential area.
Sorry, I don't have any answer but why do some of you assume the OP was speeding. He says he wasn't. The Condo Assoc. says he was but without a system to measure his actual speed, they can not prove their accusation. But his question is about whether or not the Condo Assoc. can legally do what they did.
I'm not sure why some of you are judging him. Telling him he should just slow down assumes that you know he actually was speeding and is very presumptuous. We all agree that speeding is dangerous whether on a public or private road. And I know very few people who don't break the law. And yes, it is easier to pay the fine than go to court, but again, that is not what he is questioning.
On the other hand, OP, if you want a lawyer to answer your question then you are probably on the wrong forum.
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patriot ac
). But the struggle goes on, as it should
