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Accused by HOA of running stop sign

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cillainea

Junior Member
What is the name of your state (only U.S. law)? Nevada

I recently received a notice from my Homeowner's Association for a traffic violation (specifically not stopping at a residential stop sign). I was asked to appear before the board later this month due to this allegation. There is no concrete evidence of this violation, but per the board witnesses can attest to this occurrence. I always stop at the stop sign in our community, but the report says that I did not, and moreover, that I "almost" hit people. I think I would recall this event if I almost hit anybody. Anyway, my question is what I should do to try to protect my status in the community and avoid prosecution, if that is even viable given that there is no proof of anything other than witness testimony. I unfortunately was alone in my car at the time of the alleged event.What is the name of your state (only U.S. law)?
 


HighwayMan

Super Secret Senior Member
There is no concrete evidence of this violation, but per the board witnesses can attest to this occurrence.
What kind of concrete evidence are you referring to? A video? Eyewitnesses are usually pretty good evidence.

I always stop at the stop sign in our community,
Sorry, but everyone I stop for this violation says the same thing even though they did not even come close to stopping.

what I should do to try to protect my status in the community and avoid prosecution, if that is even viable given that there is no proof of anything other than witness testimony.
You seem to have a problem with witnesses.

What kind of "prosecution" are you referring to? A fine from your homeowners association?
 

adam_12

Member
What kind of concrete evidence are you referring to? A video? Eyewitnesses are usually pretty good evidence.
When an 'eyewitness' is a police officer, their word is absolute and will be believed by the court without question.

However when an eyewitness is not an LEO, and is at odds with the officer, then they will not be believed by the judge.

(Must be nice being part of a system where, with a wink and a nod, it is all of us 'good guys' against the riff raff, huh? I like it when you are on my side, and it is terribly unfair when I am truly innocent. Happens.)


To the OP. Sounds like you will be part of a witch hunt in which spiteful dicks with nothing better to do will be gossiping about how others drive and the HOA may take this hearsay to levy $$penalties against you.

Read and understand your HOA docs.... rules and regs... this can be a very troubling area as HOAs really have little oversight, and getting real justice can get very expensive. Document EVERYTHING. Record your hearing (if permitted in your state)... maybe bring a lawyer. Once you find out what specific date and time they are accusing you of running the sign, you might request a continuance to allow you to present your case. Prove you were somewhere else then (receipts, etc). (Hey, can you lie to an HOA at a meeting? Just asking....)


This cannot go on your DMV record (as it is not an LEO bringing the charges) but it can nonetheless get complicated and expensive.

You want to find a website/forum that addresses HOA issues, how to deal with HOAs that are out of control.
 

Maestro64

Member
The best advise is to read any documentation that you got from the HOA when you bought and moved into your property. They usually have rules and by-laws, in the by-laws they may have outline their legal and enforcement powers. Many times HOA have no legal recourse against anyone, they can not force you to do anything, or fine you or hold you responsible, at most they can put a lien on your property of if you fail to pay your dues and such.

However, some HOA have some broad enforcement powers, and can hold you responsible and when you bought the property and sign the HOA agreement you signed some of your rights away.

With that said, as it was pointed out, it might be a witch hunt, someone who has an ax to grin and is using the HOA against the community members. It may not even been you, just car that looks like yours and they walked around and saw your car at your property and assume it was you.

If the HOA as no real authority you can tell them to go pound salt, however, it they do, there may not be much you can do but show up since it could become costly in many way to ignore them.

If you really do not think it was you, and it might be a witch hunt, go with someone, and have them act as the owner of the car and have him ask the so called witness to identify the driver, if they identify your friend then you know what happen but if they identify you, it may mean they just know who you are or they really saw you as the driver.

Many time most people in a HOA do not always know their neighbors.
 

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