Jump to content

Leander HOA Decides to Ticket...err Fine Speeders.


atomheartbevo

Recommended Posts

If they pull this off, every HOA is going to think about it, because it's a great means of revenue generation.

https://www.kxan.com/investigations/leander-hoa-to-start-ticketing-speeders-does-that-go-too-far/

Quote

A private community’s efforts to stop speeding has some drivers seeing red.

Marc Petrick wants to hit the brakes on his homeowners association’s plan to slow down drivers. He admits speeding can be a problem but he thinks the HOA’s solution, without community input, goes too far. 

“It’s an overreach,” said Petrick. “It’s something I don’t think the HOA should have the ability to do. Especially, on a public roadway.”

Quote

Last month, the Crystal Falls HOA in Leander sent residents a letter announcing it will install a portable camera and radar system to catch speeders. The HOA is considering putting the speed trap on public roads but, for now, is limiting it to private ones. Homeowners in the HOA caught speeding will be warned once and then fined up to $334 for going over the posted speed limits — even if someone else is behind the wheel of their car.

“I felt blindsided,” said Jamie Leonard, who tells KXAN she never saw this coming and had no input on the measure, which is paid for, in part, by the dues she pays to live in the community.

Quote

Leonard has concerns about how her data will be stored and says the HOA is acting “like law enforcement.”

“They have our license plates, they have our addresses, they can see when we’re coming and leaving,” she said. “I’m just not comfortable with that.”

“The residents should have been able to vote if this was a good idea or not,” she added.

Quote

The new portable camera system, called the Traffic Hawk Video Traffic Radar System, is separate from the flashing radars and not authorized by the city for use on public roads. The device, made by International Security Networks in Florida, records video and captures license plates. That data is then used to track down, identify and fine speeders who own property in the community and agreed to follow the HOA’s regulations.

Violators are not given a speeding “ticket” but rather a fine for violating the community’s rules. They’re saying it’s not a speeding ticket. They’re saying it’s a deed restriction violation,” said Petrick. “It sounds like a speeding ticket to me.”

Quote

Homeowners who are found guilty of speeding and refuse to pay can face attorney fees and liens on their property, the HOA said.

“You expect the board to be looking out for homeowners,” said Sutton. “Not gunning for them.”

airplane-let-them-crash.gif

  • Haha 1
Link to comment
Share on other sites

The HOA can’t enforce anything on public roads. We have a no parking on the street rule and the HOA can’t enforce it. We have a no fireworks rule, but if they are shot off in the street, the HOA can’t enforce it (county property). This won’t be any different.

  • Like 1
Link to comment
Share on other sites

3 minutes ago, Goofyboy said:

The HOA can’t enforce anything on public roads. We have a no parking on the street rule and the HOA can’t enforce it. We have a no fireworks rule, but if they are shot off in the street, the HOA can’t enforce it (county property). This won’t be any different.

They can on private roads, and call it a violation of the deed restriction.  But the HOA is ambitious.

Quote

When asked if putting a speed monitoring radar and camera system on public, taxpayer-funded roads is legal, KXAN was told it is not “authorized” at the moment. 

“Under certain conditions, by way of a license agreement with HOAs, the City of Leander allows radar display signs to be used on public and private roads,” said chief of staff Mike Neu. “The agreements are established to confirm that sign types, locations, etc. are consistent with city ordinances and state traffic laws. The issue currently under review by the city is whether these Traffic Hawk devices could meet the same standard. At this time, Traffic Hawk devices have not been authorized by any existing license agreement.”

Austin attorney Patrick Sutton, who specializes in HOA law and has no connection to this case, says the HOA can put up speed detection equipment on private roads. He says it is likely illegal on public roads, unless the city agrees.

 

Link to comment
Share on other sites

What would keep this from the same problem with the red light cameras? You have to be able to face your accuser. Is this going to be adjudicated in the Leander court? 

Someone is going to challenge this in court. That's if the HOA board survives an election and gets to buy the equipment.

This stinks in more than one way.

  • Hook 'Em 2
Link to comment
Share on other sites

14 minutes ago, NeverMarryAStripper said:

I don't see how they can do it on private roads unless it is part of the deed restrictions.  I've never seen any deed restrictions that had that in them.

If the HOA controls said private roads, they can probably get away with it.  HOA deeds/contracts/whatever always seemed to have vague parts that could lead to this shit.

The HOA leadership didn't even give the HOA a chance to vote on this or not (had they done so, it would not have happened).

  • Like 1
Link to comment
Share on other sites

Yes, this is my neighborhood, and yes our Board has become a giant group of Karen Nazi's. The CCR's all have clauses that give HOA's broad latitude to do things like this, on both private roads, and believe it or not, possibly public roads. An uproar from citizens has caused them to blink for now. They've stated they won't yet fine but will "collect data".

On top of that, they are now fining houses for putting up christmas lights before Thanksgiving. This HOA is gonna get their ass sued over religious freedom any day now. 

I"m on the verge of putting the whole system on trial.

  • Like 4
  • Rage+1 1
Link to comment
Share on other sites

13 minutes ago, High Plains Drifter said:

 

counter point:

fuck speeders in residential areas. I say burn their cars (with them still in it.)

 

 

Counter counter point:  most of these people aren’t actually speeding, there just going faster than Karen is comfortable with while her spawn are within 50 feet of the street.  I’ve received some dirty looks while I was going 15 mph.  The teenagers blasting through at 50 mph are rare, and there are better ways to handle that.

  • Like 1
Link to comment
Share on other sites

1 hour ago, Dbeasy said:

Yes, this is my neighborhood, and yes our Board has become a giant group of Karen Nazi's. The CCR's all have clauses that give HOA's broad latitude to do things like this, on both private roads, and believe it or not, possibly public roads. An uproar from citizens has caused them to blink for now. They've stated they won't yet fine but will "collect data".

On top of that, they are now fining houses for putting up christmas lights before Thanksgiving. This HOA is gonna get their ass sued over religious freedom any day now. 

I"m on the verge of putting the whole system on trial.

Our lot was in Grand Mesa. It did have beautiful views of the hills with a running creek and waterfall behind it. Now they have built houses on Treviso on the top of those hills. Sounds like we made the right decision to sell. I forgot but I assume it is Goodwin Management in Crystal Falls - and they manage most of the big subdivisions around town. Basically what that means is if it sticks in Crystal Falls, a bunch of subdivisions may follow. What I don't get is every fucking person who lives in the subdivision has to be livid. That can't be good for the HOA.

Link to comment
Share on other sites

2 hours ago, Goofyboy said:

The HOA can’t enforce anything on public roads. We have a no parking on the street rule and the HOA can’t enforce it. We have a no fireworks rule, but if they are shot off in the street, the HOA can’t enforce it (county property). This won’t be any different.

 

What do you mean they can't enforce it?  They can still fine you.  They have their own laws that people agree to when they decide to live there.  

  • Like 1
Link to comment
Share on other sites

28 minutes ago, conVINCEd said:

Counter counter point:  most of these people aren’t actually speeding, there just going faster than Karen is comfortable with while her spawn are within 50 feet of the street.  I’ve received some dirty looks while I was going 15 mph.  The teenagers blasting through at 50 mph are rare, and there are better ways to handle that.

My favorite Act Against Karen ever was straight up running running over some bitch's plastic stop sign she put in the middle of the road in our old neighborhood, while going the speed limit, and with my 2 sons in the car watching it all.

"Boys if you make a law, you had better be able to enforce it.  Otherwise, Shut the fuck up."   or something to that effect.

Link to comment
Share on other sites

1 minute ago, MrBig said:

How do they access the data about the vehicles to fine them? Do they make homeowners register their cars with the HOA?

There will be an old man on the board willing and able to wander the neighborhood and check plates.  Or they could just get a $10/month subscription to public data.

Link to comment
Share on other sites

5 minutes ago, slorch said:

My favorite Act Against Karen ever was straight up running running over some bitch's plastic stop sign she put in the middle of the road in our old neighborhood, while going the speed limit, and with my 2 sons in the car watching it all.

"Boys if you make a law, you had better be able to enforce it.  Otherwise, Shut the fuck up."   or something to that effect.

I just want to be near you.  

  • Haha 2
Link to comment
Share on other sites

 
What do you mean they can't enforce it?  They can still fine you.  They have their own laws that people agree to when they decide to live there.  

It’s on public land. The HOA has no jurisdiction on land that is not in the HOA. My neighborhood is a mix - HOA homes, HOA land, county roads and MUD areas. MUD land has its own rules that HOA rules do not apply. It’s the same reason an HOA can’t put in speed bumps on our streets - they are county streets.

The private roads are a totally different issue. I’m only speaking to the public roads.
Link to comment
Share on other sites

4 hours ago, Goofyboy said:

The HOA can’t enforce anything on public roads. We have a no parking on the street rule and the HOA can’t enforce it. We have a no fireworks rule, but if they are shot off in the street, the HOA can’t enforce it (county property). This won’t be any different.

This isn't actually true. Lots of HOAs think it's true, but if you sign a contract saying you're not going to do something it doesn't matter if it's legal to do it. I can sign a contract with my employer that says I won't eat fast food under penalty of a $500 fine for each offense. If I eat fast food and they find out then I owe them $500. It doesn't matter if I ate it in a public park.

I once had an attorney who moved to Texas from out of state tell me what you posted above and then I asked him for the Texas court case that he was so sure existed. It doesn't.

Now certainly the HOA can't fine a visitor or a non-party to the contract. But when you sign a valid and legal contract then you are subject to its requirements.

Edited by Huckleberry
  • Hook 'Em 1
Link to comment
Share on other sites

1 hour ago, MrBig said:

How do they access the data about the vehicles to fine them? Do they make homeowners register their cars with the HOA?

Grand Mesa, which is the private community in Crystal Falls, is the gated portion where the HOA owns the roads.  The gates have scanners to read barcodes on the car windows to open them.  Those barcodes are registered with a license plate.  So the HOA has all of that info also.  

  • Hook 'Em 1
  • Like 1
Link to comment
Share on other sites

1 hour ago, Goofyboy said:


It’s on public land. The HOA has no jurisdiction on land that is not in the HOA. My neighborhood is a mix - HOA homes, HOA land, county roads and MUD areas. MUD land has its own rules that HOA rules do not apply. It’s the same reason an HOA can’t put in speed bumps on our streets - they are county streets.

The private roads are a totally different issue. I’m only speaking to the public roads.

I wish I would have known when you were running for office; I saw those posts very late.  Speeding has gotten a bit out of control on our side of the hood lately, imo. Still don’t think it’s right for any HOA to handle it though. 

  • Like 1
Link to comment
Share on other sites

35 minutes ago, Huckleberry said:

This isn't actually true. Lots of HOAs think it's true, but if you sign a contract saying you're not going to do something it doesn't matter if it's legal to do it. I can sign a contract with my employer that says I won't eat fast food under penalty of a $500 fine for each offense. If I eat fast food and they find out then I owe them $500. It doesn't matter if I ate it in a public park.

I once had an attorney who moved to Texas from out of state tell me what you posted above and then I asked him for the Texas court case that he was so sure existed. It doesn't.

Now certainly the HOA can't fine a visitor or a non-party to the contract. But when you sign a valid and legal contract then you are subject to its requirements.

But it has to be in the contract that you signed.  My HOA contract has rules against parking on the street overnight, and parking more than 2 cars in your driveway, and the exact specs for building or rebulding your fence, and even explicit rules for keeping the lawn looking nice.  But it doesn't have any wording about speed limits.  I suppose the assumption was that the city would enforce those, which is fine, but either way there is no language in the contract I signed with my HOA, regarding speed limits on the streets.

 

Link to comment
Share on other sites

2 minutes ago, utee94 said:

But it has to be in the contract that you signed.  My HOA contract has rules against parking on the street overnight, and parking more than 2 cars in your driveway, and the exact specs for building or rebulding your fence, and even explicit rules for keeping the lawn looking nice.  But it doesn't have any wording about speed limits.  I suppose the assumption was that the city would enforce those, which is fine, but either way there is no language in the contract I signed with my HOA, regarding speed limits on the streets.

 

Some lawyer in the hood will need to be pissed off enough to combat this on their own dime, because they’re is probably not a pot of gold at the end of this rainbow.

Link to comment
Share on other sites

32 minutes ago, utee94 said:

But it has to be in the contract that you signed.  My HOA contract has rules against parking on the street overnight, and parking more than 2 cars in your driveway, and the exact specs for building or rebulding your fence, and even explicit rules for keeping the lawn looking nice.  But it doesn't have any wording about speed limits.  I suppose the assumption was that the city would enforce those, which is fine, but either way there is no language in the contract I signed with my HOA, regarding speed limits on the streets.

 

I agree with you there, but others have made it sound like this HOA's governing documents have some clauses that give the HOA leeway on the private streets. That's dangerous for what are now obvious reasons.

  • Hook 'Em 1
Link to comment
Share on other sites

41 minutes ago, utee94 said:

But it has to be in the contract that you signed.  My HOA contract has rules against parking on the street overnight, and parking more than 2 cars in your driveway, and the exact specs for building or rebulding your fence, and even explicit rules for keeping the lawn looking nice.  But it doesn't have any wording about speed limits.  I suppose the assumption was that the city would enforce those, which is fine, but either way there is no language in the contract I signed with my HOA, regarding speed limits on the streets.

 

This right here. If when you initially bought the house, there was no speeding clause in the deed restrictions, then how can it be enforced? Do the HOAs make all residents sign to adopt a new amendment putting these deed restrictions relating to speeding as part of their original contract? 

Link to comment
Share on other sites

Answers, comments to some of the questions about this HOA:

They claim there is a clause in the CCR that gives the Board the right to do the speeding rule, even though speeding isn’t called out specifically. I can’t find it, and am skeptical, but apparently this has held up in various court challenges in other neighborhoods. Again, I’m skeptical. If I were a lawyer, I’d challenge it in court just for a release of my frustration. 

The Board has also started fining such minimal shit like those little flags (about 12x18”) out in their front garden beds, even if they are benign images like a dove. 

Goodwin Management is the manager, and yes they are plotting this money grab in other Austin neighborhoods. Coming to your neighborhood soon.

We had a rash of car break-ins from a roving gang of thieves from Florida. They kept coming back every few months and it was getting annoying. The Board hired a security guard to roam the neighborhoods at night.  Now he/she spends their time at 2 am on the morning writing up violations instead.  An example is putting out the trash cans hours early for trash pickup, or not immediately removing trash cans after pickup.  

I despise this HOA. The are drunk on power. People suck.


 

 

Link to comment
Share on other sites

10 minutes ago, Dbeasy said:

Now he/she spends their time at 2 am on the morning writing up violations instead.  An example is putting out the trash cans hours early for trash pickup, or not immediately removing trash cans after pickup.  

In my old neighborhood (HOA) I came home at 1030pm to find a citation on my door for leaving my trash cans in the street on the day of trash pickup. I had worked in the office until 10pm that day on a project. 

In my current neighborhood (no HOA) neighbors will just move your trash cans to your garage door or around the side of the house for you if they're sitting out after dark. I've done it for others and they've done it for me. 

HOAs are a wonderland for passive aggressive fagets and I will never live in one again. 

  • Hook 'Em 1
Link to comment
Share on other sites

9 minutes ago, Liquor and Poker said:

This is easily fixed with spray paint.  Budget isn’t unlimited for replacement. 

"Due to increased vandalism in the community, the HOA will need to collect an additional assessment of $100 form each property for the next six months. We apologize to the community, but as stewards of the community we need to keep our neighborhood free of graffiti and property damage."

  • Haha 1
Link to comment
Share on other sites

This isn't actually true. Lots of HOAs think it's true, but if you sign a contract saying you're not going to do something it doesn't matter if it's legal to do it. I can sign a contract with my employer that says I won't eat fast food under penalty of a $500 fine for each offense. If I eat fast food and they find out then I owe them $500. It doesn't matter if I ate it in a public park.
I once had an attorney who moved to Texas from out of state tell me what you posted above and then I asked him for the Texas court case that he was so sure existed. It doesn't.
Now certainly the HOA can't fine a visitor or a non-party to the contract. But when you sign a valid and legal contract then you are subject to its requirements.

I’m going off of what our HOA’s lawyer has told the board members. If you could help me prove them wrong, I would be much appreciative. I have it out for our board because they pick and choose what rules to enforce. If you bring up changing by-laws, their answer is it’s too hard and move on. I just want it consistent.
Link to comment
Share on other sites

1 hour ago, Dbeasy said:

The Board has also started fining such minimal shit like those little flags (about 12x18”) out in their front garden beds, even if they are benign images like a dove. 

blink-182 wtf GIF

1 hour ago, Dbeasy said:

Goodwin Management is the manager, and yes they are plotting this money grab in other Austin neighborhoods. Coming to your neighborhood soon.

Yep, sounds like they just got caught based on stuff being said elsewhere.  

Link to comment
Share on other sites

23 minutes ago, Orange&White said:

"Due to increased vandalism in the community, the HOA will need to collect an additional assessment of $100 form each property for the next six months. We apologize to the community, but as stewards of the community we need to keep our neighborhood free of graffiti and property damage."

If you are speeding that just saved you at least $234 based on the OP. 

Link to comment
Share on other sites

13 hours ago, conVINCEd said:

Counter counter point:  most of these people aren’t actually speeding, there just going faster than Karen is comfortable with while her spawn are within 50 feet of the street.  I’ve received some dirty looks while I was going 15 mph.  The teenagers blasting through at 50 mph are rare, and there are better ways to handle that.

It's not the teenagers.  It is the typically 40-60 yr old women in SUVs that blast through my neighborhood while the kids are out playing.    If I could build a radar assisted spike strip, I would.   

  • Hook 'Em 2
Link to comment
Share on other sites

29 minutes ago, Goofyboy said:


I’m going off of what our HOA’s lawyer has told the board members. If you could help me prove them wrong, I would be much appreciative. I have it out for our board because they pick and choose what rules to enforce. If you bring up changing by-laws, their answer is it’s too hard and move on. I just want it consistent.

He is an attorney and what he is stating is a matter of contract law. It isn't specific to HOAs but is a broad tenet of contract law. I'm not an attorney but I have slept with a few law students back in the day. One was at a wedding in South Texas but I can't remember if it was at a Holiday Inn. Hopefully, my expertise helps.

  • Like 1
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.



×
×
  • Create New...