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Private Roads?

Started by LaverneB • 16 replies • 2075 views

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LaverneB (Florida)
Posts: 129
Posted:
We maintain and re-pave our roads in out community. It is a gated area of 216 homes. The roads were not deticated to the city. Oquestion, can we call in our city police to ticket the cars that are parked wrong on the streets? The home owners are parking blocking drive ways overnight (their own) which our docs do not allow. I have heard so many things on this my head is spinning.The city has rules but can they enforce them in private community's? LaVerne B.Greenacres, Fl
DonnaS (Tennessee)
Posts: 5,671
Posted:

Ah Ha Laverne,

We are in the same situation (I mean, I was) Gated community and privately funded roads. We were required by the Martin Co. Sheriffs Dept to increase our speed limit to 25 mph. Before we were 20, as 25 is the minimum that they will enforce within a community. We had to put up county spped limit signs and legal stop signs at our expense.
The Deputys do this policing on a voluntary basis. We had no problem getting a few good men to do this.

Once we had that done, then we had to sign a contract with the Dept.stateing how many hours that we wanted enforced and the dollar amount that would be paid to the Deputys. We agreed on $25.00 per hour and about 20 hours per month at first with the right to decrease the hours to 10 per month after the residents got the jist of being policed. Then the fun began.

Behind our entry guard shack is a very nice little area where they sat. Radar gun in hand and pulled them over as fast as they could write either warnings or citations. It is up to the officers discression as to what they wrote. People running stop signs mostly were warned others were ticketed for blowing thru as fast as they could. By the way, all of the money for tickets is County money.

Then the phone calls began to all of the Board members and the P.M. Can they do that? This is private in here!!, do I have to pay the ticket? Then my favorite--"You guys are gonna pay this--I am an owner in here and did not vote to have the cops in here"

So YES!!! you can do it but know that there are some down sides to it.
MaryA1 (Arizona)
Posts: 7,043
Posted:
LaVerne,

You can call the P.D. and perhaps work out a deal such as Donna described. Or you can probably have the vehicles towed. If you do this you may have to post signs stating vehicles parked illegally will be towed. You should do some research on the legality of towing vehicles from private roadways. Or you can send violation notices with fines included.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Mary,

We have had "Vehicles will be Towed" signs up since day one. The Sheriff and our attorney said that it is illegal to tow from the private property unless the vehicle is abandoned or it is not registered to the owner of the property, like someone just leaving it there without permission for 48 or more hours. In Lavernes case, these are just beligerant homeowners. I think that a good kick in the pants might work.
KirkW1 (Texas)
Posts: 1,665
Posted:
I would say that whether the local police can or will enforce anything on your roads varies by state and locality. In the state of Texas police can not enforce any traffic related law on private property (or at least that is the opinion of the State Attorney General's office). It would seem that in other places the police do in fact sometimes enforce traffic issues on private property. Also, they may be willing to act to enforce something even if they do lack authority.
BradP (Kansas)
Posts: 2,640
Posted:
Laverne:

I would ask your police chief if they would be willing to meet with you to discuss this. Have your list of concerns and see what they are willing to do for you.
TonyM3 (Arizona)
Posts: 170
Posted:
Quote:
Posted By LaverneB on 06/28/2008 6:16 AM
The home owners are parking blocking drive ways overnight (their own) which our docs do not allow.

Am I to understand the extent of the problem is that people are blocking their own driveway? Seems like an awfully trivial job for the cops. Can't the property manager get this under control?
LaverneB (Florida)
Posts: 129
Posted:
Tony we are the management. This is a homeowners run community. So, far we do not need it.(management) but I see it coming soon. The new residents don't seem to realize that we are better off with the homeowners runing it. I could and do tell them nicely, about the docs but, when they don't respond after 3 times, we have no choice.
JimM7 (Florida)
Posts: 71
Posted:
Hi all.....Hi Laverne....I love this.

Our covenants say " the association may promulgate rules and regulations concerning parking"
If they are violating YOUR published RULES about parking on the street...TOW THEM ...or give notice that a covenant violation could result in a fine.

Please don't go "management".....you will spend a lot of money for little return in the end......youl hande it...put it in the news letter.
PeterB1 (Florida)
Posts: 257
Posted:
Towing is probably NOT a good idea in Florida. We paid lots of good money to our attorney - their conclusion was that towing was a lawsuit waiting to happen. There are specific laws pertaining to towing - you might take a look.
TonyM3 (Arizona)
Posts: 170
Posted:
Towing for parking in front of your own drive seems a bit drastic. I always thought a professional property manager was well worth the money. If I were to choose between professional law enforcement and professional property management to enforce the covenants I'd go with the property manager every time. They have so much more latitude. Today its parking tomorrow it'd be something else.

Clearly the amateurs aren't getting it done.
PeterB1 (Florida)
Posts: 257
Posted:
Tony,

Curious... What tools for preventing (or correcting) parking issues does a property manager have? A manager is empowered by a Board - what stops a Board from taking the same actions?
LaverneB (Florida)
Posts: 129
Posted:
Pete I know Floridas law on towing we had meeting with the lawyers so we know about all the down falls of towing.
LaverneB (Florida)
Posts: 129
Posted:
Tony, as I wrote we have no management co. nor do we want one. I am not a person with a CAM license and no intetion of getting one.This is all done on a volunteer basis. I think are doing a great job for some of us have no experience other then our "life time" and sometimes that is better.But we all do our best. LaVerne Fl
LindaC3 (Florida)
Posts: 526
Posted:
Laverne......Are you patrolled by Greenacres Police or PBSO ???? Neither dept will enforce the Uniform Traffic Laws or you CCR'S unless you have a declaratory agreement with them approved by the County Commisioners and your BOD... As far as towning the vehicle I would suggest you NOT DO IT..... You may end up in court and w/o having a PM or a Lawyer on retainter you or whomever calls in the tow order could be held liable...Can you imagine the one car you have towed belongs to a heart surgeon and he gets a call at 2 a.m. goes out and finds his car gone ? He calls the PBSO and reports it stolen they say no it was towed and the patient he was to go take care died all because his car was blocking a sidewalk in the front of his house !!! Whew ...I'd be real careful there...Maybe go talk to greenacres town manager or the attorney there and see if they can help.... Keep up informed as to your progress...LindaC3
LaverneB (Florida)
Posts: 129
Posted:
Linda, I bet you live in Palm Beach County? We rae patrolled by the city of Grenacres. Not PBSO. I have checked with city and they do have a city fine for blocking driveways. If, we call them and only then , they will come in to enforce that law. I know it is against th elaw to tow from the property. According to out lawyer, but if it is a car or truck, parked on comon grond(pool, clubhouse area, after 11m as in our rules,we can tow it. But, I will keep all informed..Thankd and Happpy 4th to all. LaVerne
LaverneB (Florida)
Posts: 129
Posted:
Linda, I bet you live in Palm Beach County? We rae patrolled by the city of Grenacres. Not PBSO. I have checked with city and they do have a city fine for blocking driveways. If, we call them and only then , they will come in to enforce that law. I know it is against th elaw to tow from the property. According to out lawyer, but if it is a car or truck, parked on comon grond(pool, clubhouse area, after 11m as in our rules,we can tow it. But, I will keep all informed..Thankd and Happpy 4th to all. LaVerne

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