Police Officer Preparation & Law Enforcement Resource - Archive

Can the police stop you from entering your gated community / your property because you are late on your HOA dues?

I am asking because I found this post on GT disturbing. I vist them from time to time, but never posted anything on GT.

Out of control HOA, or am I in prison?

As mentioned in last month's Community Newsletter, tailgating is not allowed when entering the community. Also, if you receive a call from the front gate, DO NOT allow the caller access unless they are your visitor. Violators will be subject to a fine.
The Vehicular gates access will be disabled for residents who are delinquent with their HOA dues as of June 26, 2009. An off duty Police Officer will be monitoring gates to insure those residents that have access are admitted. Please cooperate with the Police Officer to help ensure that only residents who are current in their HOA dues are provided access.
If you have recieved a letter regarding your gate access, please contact Tammy XXXX with XXXXXX Property Management by 4:00 Friday June 26 to bring your account current and avoid disruption in your access as well as the fees that will be assessed to your account for reconnection.
PEDESTRIAN GATE CODE: 0+1 then 3
Homeowners who lease their units, it is your responsibility to notify your tenants of this and all announcements in the Community Email Blasts.

I see it says an OFF DUTY officer. Meaning he isn't acting under the color or authority of law. Rather , he is an agent of the property owner / manager. He is relegated to the status of a security guard controlling access to private property in which dues are required to maintain access.

I'll say this , I doubt that I as an officer would get involved in pursuing criminal charges against someone who lived in such a community and this issue came in. It is similar to us doing evictions which we do NOT do. I would tell the HO to call a lawyer and file a civil suit.

Now if the person were already evicted...it would now be a criminal case.

That's one extra job I would NOT work. Civil issue, period. Like mcsap said, if an eviction had already occurred, then it's a little different and criminal trespass charges come into play. However, I work in Texas for a sheriff's department, and we also have a civil division which assists in and enforces the actual eviction after a court has ordered such (constables may also do this). Varies from state to state.

That's one extra job I would NOT work. Civil issue, period. Like mcsap said, if an eviction had already occurred, then it's a little different and criminal trespass charges come into play. However, I work in Texas for a sheriff's department, and we also have a civil division which assists in and enforces the actual eviction after a court has ordered such (constables may also do this). Varies from state to state.

Same here in Nevada.
Sounds kind of crazy to me, definitely not something I'd be interested in getting involved in, especially as an off duty gig...

I don't care what that gig paid, I wouldn't work it.

I hate HOA's so much, I won't live somewhere that has one.

-Citicop.

Gated community-fancy name for high priced jail...

I know this is gonna sound like a couple of stupid questions, but as I have never lived in a gated community. What is or are "HOA" and "GT"? I'm sure they stand for something, but for the life of me I can't figure out what. :o

I know this is gonna sound like a couple of stupid questions, but as I have never lived in a gated community. What is or are "HOA" and "GT"? I'm sure they stand for something, but for the life of me I can't figure out what. :o

I've been researching a while and "HOA" stands for "Home Owners Association."

I cannot help you with "GT". Maybe "Gated."

I'm old and a little red neck. Hard to figure these city folks out sometimes. Be Safe.

refers to another site; GT= glock talk...

Can the police stop you from entering your gated community / your property because you are late on your HOA dues?

I am asking because I found this post on GT disturbing. I vist them from time to time, but never posted anything on GT.

Out of control HOA, or am I in prison?

As mentioned in last month's Community Newsletter, tailgating is not allowed when entering the community. Also, if you receive a call from the front gate, DO NOT allow the caller access unless they are your visitor. Violators will be subject to a fine.
The Vehicular gates access will be disabled for residents who are delinquent with their HOA dues as of June 26, 2009. An off duty Police Officer will be monitoring gates to insure those residents that have access are admitted. Please cooperate with the Police Officer to help ensure that only residents who are current in their HOA dues are provided access.
If you have recieved a letter regarding your gate access, please contact Tammy XXXX with XXXXXX Property Management by 4:00 Friday June 26 to bring your account current and avoid disruption in your access as well as the fees that will be assessed to your account for reconnection.
PEDESTRIAN GATE CODE: 0+1 then 3
Homeowners who lease their units, it is your responsibility to notify your tenants of this and all announcements in the Community Email Blasts.

No and if he did, he would soon be known as former police officer.....

Definitely not in GA.

Only recourse in GA for not paying your HOA dues is to have a lien placed on your property for the amount due and any accrued interest.

Also some HOAs aren't actually licensed with the state of GA so they have no authority whatsoever.

I was empowered to arrest violators of state law.

As such, someone who was pointed out to me as a Trespasser would be given a warning. If they did not leave, they were subject to arrest.

That being said, someone late with their dues is far from a Trespasser.

This HOA is using the classic "Baffle them with BS" technique to attempt to affect compliance, rather than Small Claims Court, where they should be handling these cases.

I live in a subdivision with a HOA. As long as they are large and don't get power hungry, there is little difference between the HOA and a small town council.

On the positive side, it maintains common areas and walking trails, keeps the property values up and sets a standard of conduct. If you want to change the oil or tear your engine down, you will be doing it in your garage. My next door neighbor rebuilt a '64 Nova in his garage.

On the negative side, if you are one who likes to sell cars from your lawn, want to grow your grass so tall the neighborhood rats take refuge there and don't like to maintain your home, you wouldn't like a HOA, because the neighbors will complain and the Compliance Officer will leave you a "fix it" note.

My In-Laws don't have a HOA. I can always find the entrance to where they live because the guy on the corner has 2 dozen cars parked in the mud of his front "yard" and his 2 tons of aluminum cans and trash are piled on the side.

Yep, its his house and he can do what he wants with it, but as a consequence of him and many others like him in that neighborhood, my IL's house, built in '74 is valued at about $68k while ours across town, built in '89 but just a little bigger, is valued at around $180k.

I got a fix it note once when I tore down the previous owners rotted tree house in the back yard and mistook the day the City Sanitation collected items other than trash. When they didn't take it on day one I tried to leave it there until the correct day the following week... but got caught:no:

I see it says an OFF DUTY officer. Meaning he isn't acting under the color or authority of law. Rather , he is an agent of the property owner / manager. He is relegated to the status of a security guard controlling access to private property in which dues are required to maintain access.

I'll say this , I doubt that I as an officer would get involved in pursuing criminal charges against someone who lived in such a community and this issue came in. It is similar to us doing evictions which we do NOT do. I would tell the HO to call a lawyer and file a civil suit.

Now if the person were already evicted...it would now be a criminal case.

If the officer were on scene in uniform or otherwise holding themselves out to be an officer then they are holding themselves out to be acting under the color of law for the magic 42 USC 1983 to be in effect.

No way would I put myself or let any of our guys get in that position.

3102-

See my response here (http://forums.realpolice.net/georgia-163/91466-security-company.html#post1077358).

Thanks-

Citicop.