FL Real Estate
Florida Real Estate Questions? Ask a Real Estate Expert.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
Are the streets private streets or public streets?
Do people get tickets in the community for other things such as speeding, etc?
Are you being ticketed for a violation of a county/city ordinance or of a CCD rule?
I'm not sure how the county is even able to issue tickets if you are parked on a private street and not a government street since it would be, legally, equivalent to parking in a driveway.
However, leaving that issue aside (which would be an issue between those who were ticketed and the government) I think there is an argument to be made that the CDD is engaged in a "conspiracy" to violate the terms of the bylaws and thus would be subject to a lawsuit and possibly an injunction as well as other sanctions. To know what other sanctions are possible you would have to have a local lawyer examine the bylaws and the other organizing documents.
But if you look at the definition of street in the ordinances it is going to have something about being a public roadway. That's so they can't ticket people on a private road across a pasture or on a driveway, etc. Have them look at that as well. I was a city attorney for a long time (part time for a small city) and wrote a bunch of ordinances so I've reviewed a ton of them.
If you remember, come back by and let me know hot it turns out.
Best wishes to you and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I receive credit for my work.