I live in a private gated community. All of the roads are privately owned and maintained.
I received a letter last week stating that I (or another member of my family) had been observed running a stop sign in our development. It stated that I was required to meet with a review panel, and that I could be fined up to $900 for the offense. It cited the bylaws of the HOA, which all homeowners sign at closing. The bylaws state that residents can be penalized for traffic violations, but in very general terms. It said that I would be sent notification of the time and place of this review.
Today, I received a notice for a registered letter from the post office. I have not picked it up yet, but I suspect this is the promised notification.
We have a security guard that occasionally patrols the premises, and I suspect that he reported the violation. He is not a police officer, and no one (myself or other family member) was confronted or issued a summons at the time of the alleged offense.
They did list the location of the stop sign, which, ironically, is at a 90 degree bend in the road near my house (i.e., two roads meet at their ends to form a single right-angle intersection). I say this simply because the stop sign would likely not exist on a public street. Neither I nor any family members have any recollection whatsoever of committing this supposed offense. For all I know, my name was picked out of a hat!
Can the HOA legally fine me in this case, citing only the testimony of a hired employee as the only evidence in this case? It seems as if they are granting themselves legal privileges that would not stand up in District Court.
I received a letter last week stating that I (or another member of my family) had been observed running a stop sign in our development. It stated that I was required to meet with a review panel, and that I could be fined up to $900 for the offense. It cited the bylaws of the HOA, which all homeowners sign at closing. The bylaws state that residents can be penalized for traffic violations, but in very general terms. It said that I would be sent notification of the time and place of this review.
Today, I received a notice for a registered letter from the post office. I have not picked it up yet, but I suspect this is the promised notification.
We have a security guard that occasionally patrols the premises, and I suspect that he reported the violation. He is not a police officer, and no one (myself or other family member) was confronted or issued a summons at the time of the alleged offense.
They did list the location of the stop sign, which, ironically, is at a 90 degree bend in the road near my house (i.e., two roads meet at their ends to form a single right-angle intersection). I say this simply because the stop sign would likely not exist on a public street. Neither I nor any family members have any recollection whatsoever of committing this supposed offense. For all I know, my name was picked out of a hat!
Can the HOA legally fine me in this case, citing only the testimony of a hired employee as the only evidence in this case? It seems as if they are granting themselves legal privileges that would not stand up in District Court.
