HOA Regulation Dispute

[WarrantSeeker]

Hello, I would appreciate any helpful advice. I need assistance challenging HOA traffic citations and fines. I got into a car accident and struck a boom barrier (very slowly) due to being blinded and dazed by the sun. I accepted liability and paid back the HOA for replacing the barrier. However, I was issued two traffic citations by the HOA security. I do not agree with these citations. The citiations allege I broke the law, with one citation for "failure to control" and one for "destruction of property." The security officer alleged I broke the law because I was "wearing sunglasses." I challenged this charge to their safety committee. They charged me with violating their regulation which states that all state laws must be followed, and a $50 fine is issued if you break state law. At the hearing, I asked them what state law I had violated, and they could not tell me the statute. I asked if I was being charged with "reckless driving" (which is what "failure to control" refers to in Virginia), and they said "No," but could not tell me what law I had broken.

I defended myself according to state case law on reckless driving, successfully so I thought, but I was still found guilty, presumably because I was "wearing sunglasses," which is absurd itself because people are supposed to wear sunglasses when the sun is bright. That is what sunglasses are designed for. These sunglasses were actually prescription sunglasses given to me by a doctor, who recommend wearing sunglasses when the sun is bright (which I noted at the hearing). They didn't actually explain their finding of guilt. My lawyer friend called this a "farce" and a violation of "due process." It is difficult to defend yourself of violating the law when you don't even know what law you are accused of breaking, and they didn't seem to know either, but were certain I had violated Virginia law (without knowing what specific law). Given that they didn't even understand what law I had violated, it is doubtful they had any idea of how to evaluate case law or my defense.

Also, the second citation for "destruction of property" was not even coded for the proper section of the HOA regulations which prescribe a $50 fine. It was coded according to a completely separate regulation for which there are no fines. This section simply states that residents must pay back the HOA back for any damages (which I did), but is completely separate from the regulation that states you must follow the law or pay a fine. This section does not have anything to do with fines for law violations, which indicates to me this was improperly coded. "Destruction of property" is a misdemeanor in Virginia that seems to be tacked on to reckless driving charges, but they again told me I was not being charged with reckless driving and could not tell me what statute I had broken.

On a separate note, the officers at the hearing kept telling me they were "doing my a favor" by only charging me with violating HOA regulations instead of sending the case to District Court, but I don't view issuing me citations for something I didn't do a "favor."

You may ask why I am making a big deal over $100 in fines? I am because it also states in the regulations that driving privileges in the community can be revoked for renters in the community for reckless driving (which I appear to be cited for), for causing an accident (which I presumably did), or for 3 or more moving violations in 12 months (which I now have). I need to be able to drive.

I have been given the option to appeal to the Board. What would a successful appeal be given that it doesn't appear I have been provided appropriate due process? What would my options be if the Board upholds the citations? If I filed a complaint against the Board for a violation of due process, what strategy would I take? What laws would I cite?

 

[Zigner]

Asked and answered on another forum. The answers aren't going to change here.

 

[VeryCautiousPerson33]

I have no experience with this but according to your story, how can you be charged with a law/statue that doesn't exist? That just baffles me.

 

[Just Blue]

I have no experience with this but according to your story, how can you be charged with a law/statue that doesn't exist? That just baffles me.

Because OP violated the HOA regulations. HOA have their own rules and reg's.

 

[quincy]

Hello, I would appreciate any helpful advice. I need assistance challenging HOA traffic citations and fines. I got into a car accident and struck a boom barrier (very slowly) due to being blinded and dazed by the sun. I accepted liability and paid back the HOA for replacing the barrier. However, I was issued two traffic citations by the HOA security. I do not agree with these citations. The citiations allege I broke the law, with one citation for "failure to control" and one for "destruction of property." The security officer alleged I broke the law because I was "wearing sunglasses." I challenged this charge to their safety committee. They charged me with violating their regulation which states that all state laws must be followed, and a $50 fine is issued if you break state law. At the hearing, I asked them what state law I had violated, and they could not tell me the statute. I asked if I was being charged with "reckless driving" (which is what "failure to control" refers to in Virginia), and they said "No," but could not tell me what law I had broken.

I defended myself according to state case law on reckless driving, successfully so I thought, but I was still found guilty, presumably because I was "wearing sunglasses," which is absurd itself because people are supposed to wear sunglasses when the sun is bright. That is what sunglasses are designed for. These sunglasses were actually prescription sunglasses given to me by a doctor, who recommend wearing sunglasses when the sun is bright (which I noted at the hearing). They didn't actually explain their finding of guilt. My lawyer friend called this a "farce" and a violation of "due process." It is difficult to defend yourself of violating the law when you don't even know what law you are accused of breaking, and they didn't seem to know either, but were certain I had violated Virginia law (without knowing what specific law). Given that they didn't even understand what law I had violated, it is doubtful they had any idea of how to evaluate case law or my defense.

Also, the second citation for "destruction of property" was not even coded for the proper section of the HOA regulations which prescribe a $50 fine. It was coded according to a completely separate regulation for which there are no fines. This section simply states that residents must pay back the HOA back for any damages (which I did), but is completely separate from the regulation that states you must follow the law or pay a fine. This section does not have anything to do with fines for law violations, which indicates to me this was improperly coded. "Destruction of property" is a misdemeanor in Virginia that seems to be tacked on to reckless driving charges, but they again told me I was not being charged with reckless driving and could not tell me what statute I had broken.

On a separate note, the officers at the hearing kept telling me they were "doing my a favor" by only charging me with violating HOA regulations instead of sending the case to District Court, but I don't view issuing me citations for something I didn't do a "favor."

You may ask why I am making a big deal over $100 in fines? I am because it also states in the regulations that driving privileges in the community can be revoked for renters in the community for reckless driving (which I appear to be cited for), for causing an accident (which I presumably did), or for 3 or more moving violations in 12 months (which I now have). I need to be able to drive.

I have been given the option to appeal to the Board. What would a successful appeal be given that it doesn't appear I have been provided appropriate due process? What would my options be if the Board upholds the citations? If I filed a complaint against the Board for a violation of due process, what strategy would I take? What laws would I cite?

What has the homeowner from whom you are renting said about your accumulation of violations?

It appears to me that the officers did indeed do you a favor by not charging you under state law. The penalties for violating state traffic laws are generally more harsh than the fines issued for violating HOA regulations.

You might want to start looking for a new place to live.

(I just read the responses you received elsewhere and, if you already have an attorney, you should rely on that attorney’s advice and direction.)

 

[FarmerJ]

Quincy suggest >
You might want to start looking for a new place to live.< I suggest in the end it would be cheaper to move since it is likely going to take a giant pile of cash to pay a atty to fight this and there is no promise if you win that they wont come up with something else to regulate.

 

[quincy]

Quincy suggest >
You might want to start looking for a new place to live.< I suggest in the end it would be cheaper to move since it is likely going to take a giant pile of cash to pay a atty to fight this and there is no promise if you win that they wont come up with something else to regulate.

The homeowner probably will be under some pressure to, if not terminate WarrantSeeker’s lease, at least not renew it.

A tenant with three HOA violations (and potentially three state law violations) in a 12-month period, or even two admitted violations (speeding and property damage), is not the type of tenant most HOAs are willing to tolerate.

 

[WarrantSeeker]

The homeowner probably will be under some pressure to, if not terminate WarrantSeeker’s lease, at least not renew it.

A tenant with three HOA violations (and potentially three state law violations) in a 12-month period, or even two admitted violations (speeding and property damage), is not the type of tenant most HOAs are willing to tolerate.

Nope. The homeowner is trying to sell me the home. If I buy it, they can't revoke my driving privileges, because I will be a member.

 

[quincy]

Nope. The homeowner is trying to sell me the home. If I buy it, they can't revoke my driving privileges, because I will be a member.

So ... the HOA regulations apply only to tenants of homeowners? A homeowner can speed down the streets and damage property and will not be fined or lose driving privileges? That seems odd.

 

[WarrantSeeker]

So ... the HOA regulations apply only to tenants of homeowners? A homeowner can speed down the streets and damage property and will not be fined or lose driving privileges? That seems odd.

The regulations apply to both homeowners and tenants, but the levels of enforcement are different. Homeowners have greater rights and privileges than tenants (at least according to the regulation documents and the chair of the safety committee himself). Anyone that's not a homeowner can have her driving privileges revoked. I think this was intended mainly to be enforced against visitors, not tenants, as there aren't many tenants and a ton of visitors/workers. Homeowners can't have their privileges revoked (presumably because this is not allowed under accepted HOA law), but they can have their automatic gate privileges revoked. They would have to go through the security station and identify themselves rather than the using the automatic gate that scans bar codes. They can also be fined $50 per violation, but who really cares about $50? I suppose if they were a repeat offender, the HOA would somehow get county police involved.

 

[quincy]

The regulations apply to both homeowners and tenants, but the levels of enforcement are different. Homeowners have greater rights and privileges than tenants (at least according to the regulation documents and the chair of the safety committee himself). Anyone that's not a homeowner can have her driving privileges revoked. I think this was intended mainly to be enforced against visitors, not tenants, as there aren't many tenants and a ton of visitors/workers. Homeowners can't have their privileges revoked (presumably because this is not allowed under accepted HOA law), but they can have their automatic gate privileges revoked. They would have to go through the security station and identify themselves rather than the using the automatic gate that scans bar codes. They can also be fined $50 per violation, but who really cares about $50? I suppose if they were a repeat offender, the HOA would somehow get county police involved.

Thank you for clarifying that for me.

Have you actually had driving privileges revoked - or is revocation just threatened?

 

[WarrantSeeker]

Just looked it up. They can't revoke members' (homeowners) driving privileges under Virginia law, at least for not paying "assessments."

"C. The failure of a member to pay the special assessment allowed by subsection A will provide the association with the right to deny the member access to any or all of the common areas. However, the member shall not be denied direct access to the member's lot over any road within the development that is a common area."

https://law.lis.virginia.gov/vacode/title55.1/chapter18/section55.1-1825/

Nothing has been done to me, other than fines. It's just been threatened. I just want my ducks in a row.

 

[quincy]

Just looked it up. They can't revoke members' (homeowners) driving privileges under Virginia law, at least for not paying "assessments."

"C. The failure of a member to pay the special assessment allowed by subsection A will provide the association with the right to deny the member access to any or all of the common areas. However, the member shall not be denied direct access to the member's lot over any road within the development that is a common area."

https://law.lis.virginia.gov/vacode/title55.1/chapter18/section55.1-1825/

Nothing has been done to me, other than fines. It's just been threatened. I just want my ducks in a row.

That is good news for you, at least.

It doesn’t sound like you will be able to avoid fines and the homeowner still could refuse to renew your lease, but you appear to have a good argument for keeping your driving privileges.