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Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16348
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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I recieved a speeding ticket from a radar gun picture in

Customer Question

I recieved a speeding ticket from a radar gun picture in Rhodes ranch from hoa for $180. They state I was traveling at 43mph in a 25 at 4:39am on the 13 of March actually it was 5:39am because it was the first day of the clocks going ahead. Is the hoa allowed to issue such a steep fine for such a thing?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Legalease replied 1 year ago.

Hello there --

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HOA's and condo associations are permitted by state law to enact and implement their own traffic laws and other rules and regulations for the use of what is the common property area within the boundaries of the HOA area. You should ask for copies of the charter documents and the most recent by laws and rules and regulations of the association to determine exactly what it says in those documents regarding the issuance of fines and the amount that the fines can be. While the Board of Directors are permitted to enact such rules and regulations, they are still legally bound to follow their own rules and regulations and in many instances they do not do it correctly so you may be able to find a loophole or an appeals avenue within the written HOA documentation. There is also usually a procedure in the HOA documents where you and other owners can ban together to protest any rule or regulation or group of rules and regulations that you are not comfortable with or you believe are too harsh.

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MARY

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