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Dwayne B.
Dwayne B., Attorney
Category: FL Real Estate
Satisfied Customers: 33394
Experience:  Began practicing law in 1992
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I actually had a question regarding gated communities and

Customer Question

I actually had a question regarding gated communities and the bylaws. We have bylaws that say we can park on the street as long as it's not overnight. Recently our CDD signed an agreement with the local Sherriff's office allowing them to come in and ticket residents for parking on the street for any amount of time. A bunch of residents are upset about it. Do we have a case to sue our CDD for violating our bylaws?
Submitted: 1 year ago.
Category: FL Real Estate
Expert:  Dwayne B. replied 1 year ago.

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?

Expert:  Dwayne B. replied 1 year ago.

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?

Customer: replied 1 year ago.
Hello Dwayne. Thank you for your help. The streets are private. The residents do get tickets for other things such as speeding, not stopping at stop signs, not wearing seatbelts, etc. We are being ticketed for violation of a county/city ordinance but we are only being ticketed because the CDD signed an agreement with them allowing them to do so. Without that written agreement between the County and the CDD they aren't allowed in here to ticket because these are 100% private roads. This community opened in 2005 and we have never had an issue until the last few weeks. We were concerned that our bylaws are being violated by the CDD. The CDD didn't take any sort of resident vote to do this. They just took it upon themselves. It's gotten so bad that we can't even have company over. If our company parks in the street they get a $13 ticket.
Customer: replied 1 year ago.
The bylaws do state that you CAN park in the street but you can't be there overnight. Is the CDD allowed to institute this new agreement by the County and override our bylaws?
Expert:  Dwayne B. replied 1 year ago.

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.

Customer: replied 1 year ago.
I live in Hernando County in FL and it's against the county ordinance to park in the street anywhere in the county so they are enforcing those rules inside this gated and private community. That's how they are getting away with writing the tickets. I'm sure no on street parking ordinances are rare and I happen to live in a County that has this law. I will reach out to a local attorney on Monday and see what they think and see if we have a case for conspiracy to violate the bylaws. Thank you!
Expert:  Dwayne B. replied 1 year ago.

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.

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