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| Tuesday, February 07, 2012
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LindaB10
(Florida)
Posts:2
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| 08/20/2010 3:07 PM |
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I am a director in a gated HOA community with a public golf course with our gates. It appears that Florida law is silent on the age requirement to drive golf carts on privately owned streets (sec.316.212)in a community such as ours. Public roads and streets require drivers to be age 14. However, an issue is that we have a public course within our gates-again not specifically addressed in the law. If you are an HOA with the same situation, do you require an age limit to drive golf cart? We currently have a "rule" that says " any age as long as with an adult". I am concerned about this language as we have 3yr.old driving!
LindaB10 |
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TerrenceT
(Florida)
Posts:1
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| 09/02/2010 6:20 PM |
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One question is whether the streets in your gated community are indeed private, as opposed to public, streets. Section 177.081 indicates that
"(3)When a tract or parcel of land has been subdivided and a plat thereof bearing the dedication executed by the owners of record and mortgagees having a record interest in the lands subdivided, and when the approval of the governing body has been secured and recorded in compliance with this part, all streets, alleys, easements, rights-of-way, and public areas shown on such plat, unless otherwise stated, shall be deemed to have been dedicated to the public for the uses and purposes thereon stated. However, nothing herein shall be construed as creating an obligation upon any governing body to perform any act of construction or maintenance within such dedicated areas except when the obligation is voluntarily assumed by the governing body."
HOAs in Florida, in my experience, take the position that their steets are not public. One would have to refer to the language on the actual plat to be sure.
If the plat, indicating that the streets are private, was approved by the "appropriate governing body", there would seemingly be authority for the HOA to create appropriate rules. I have worked at several gated communities, most of which require that golf card drivers be licensed to operate motor vehicles.
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