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HOA using sheriff to enforce rules

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groznyiv

Junior Member
Hello,
I have a question concerning recent events in my gated home owners association neighborhood in Edmond, Oklahoma The HOA issued guidelines for dropping off kids to school within the neighborhood. They wanted everyone to drive only one way on a two way street every morning and afternoon during the times 8:30am-8:45am and 3:30pm-4:00pm. They have begun blocking the street with a golf cart to try to prevent people from driving the way they do not want people driving during this time.
This morning my wife was trying to take the kids to school by driving up the street the way the HOA has stated they do not want people driving and she was told that begining in February they were going to have an Oklahoma County Sheriff in the neighborhood to issue tickets to people who do not obey the guidelines for driving on the gated hoa neighborhood street.
The question I am asking is can a sheriff issue tickets for not obeying a guideline of an HOA? This guideline issued by the HOA was not voted on by the neighborhood. They HOA board put together a safety committee and they came up with the suggestions. This guideline is not in our covenant that we signed when we moved into the HOA.
Thank you,
David
 


It varies by state, but generally, yes. We, as the HOA board, just contracted with the local sheriff's office here to enforce traffic rules within the bounds of our community. As long as we have a contract with the SO then citations written for traffic violations within the community are enforceable in court.
 

Mikeeee

Junior Member
Well opinions are like a-holes everyone has one. As a former cop I would only write a citation for a violation of the Motor Vehicle Code as the court will not normally enforce a non code violation. Since the roadway is private it is questionable that the HOA can change the traffic rules without ammending the CC&R but why fight it it seems just as easy to drive one way for safety sake.
 
Well opinions are like a-holes everyone has one. As a former cop I would only write a citation for a violation of the Motor Vehicle Code as the court will not normally enforce a non code violation. Since the roadway is private it is questionable that the HOA can change the traffic rules without ammending the CC&R but why fight it it seems just as easy to drive one way for safety sake.
If you were the deputy assigned and not abiding by the terms of the contract, you would quickly be replaced with someone who would.

FL Statute 316.640 Sec. 2 sub a: . . . In addition, the sheriff's office may be required by the county to enforce the traffic laws of this state on any private or limited access road or roads over which the county has jurisdiction pursuant to a written agreement entered into under s. 316.006(3)(b).
 

csi7

Senior Member
A sheriff department that has the extra manpower to enforce a HOA's guideline seema a bit unusual. The amount of time to complete an official ticket is far more time consuming than people realize. I would keep asking questions about this change to different agencies.
 

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