Can a HOA impose and collect fines for speeding (NC state)

Morgan3820

Morgan3820

Ejection Handle Pulled
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New Bern, NC
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El Conquistador
Our HOA has announced that a company has been hired to place speed cameras to catch violators. The information will be given to designated board of residents to adjudicate fines and penalties. All of the roads are private, not state maintained.

One question I have is can a private firm obtain info from the license plate? I thought that info was available only to duly sworn LEOs

My moving plans have been accelerated. No more HOA’s for me.
 
SkyChaser said:
I have no clue about any of it, but I'm definitely adding another item to the list of reasons why I would never want to live in an HOA...
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I sort of agree, but sadly I know of no airparks without an HOA. However, I'm not sure I'd want to live in an airpark without one.
 
Seems like a can of spray paint.....

Do you need a license plate on a vehicle on a private road.??
 
Morgan3820 said:
One question I have is can a private firm obtain info from the license plate? I thought that info was available only to duly sworn LEOs
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why would you think that?

Of all the reasons I can think of to move out of an HOA, not being able to exceed the speed limit in a residential area doesn’t even make the list.
Morgan3820 said:
My moving plans have been accelerated.
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That’s funny right there…I don’t care who you are!:rofl:
 
There is the drivers privacy protection act, however, based on this it looks like they may be able to:

“Under the DPPA, drivers’ personal information may be obtained from motor vehicle departments for certain uses, including:

Legitimate government agency functions
Matters of auto safety, theft, emissions and product recalls
Insurance purposes
Notices for towed or impounded cars
Use by licensed investigators or security services
Use by private toll transportation facilities
Motor vehicle not-for-profit market research and surveys”

So maybe under the 5th bullet point, they can?
 
I wonder if they ask residents to provide their license plate to get an access card for a gate, or to get a permit to park at the community swimming pool.
 
My guess is there is some fine print in the HOA rules that you agree to subject yourself to their fines and penalties and that is a condition that comes with the title of the property. The question is what can they really do if you if you choose to ignore them or tell them to have biblical relations with themselves. They can probably try to make a civil matter out of it (breach of contract).

But I'm not a lawyer. I do however binge watch reruns of Judge Judy. Make them work for their settlement. Be a royal pain in the ass. Make them want to reconsider shuffleboard and bingo as a recreation instead of harassing their resident neighbors.
 
Would this fall under impersonating a Police… department?
 
Sac Arrow said:
My guess is there is some fine print in the HOA rules that you agree to subject yourself to their fines and penalties and that is a condition that comes with the title of the property. The question is what can they really do if you if you choose to ignore them or tell them to have biblical relations with themselves.
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I've heard horror stories - you really don't want to be in the position of ignoring HOA dues/fines.

But of all the areas where the wrong HOA board member(s) may decide to invade your privacy (and some certainly overstep their bounds), enforcing speed limits in the neighborhood seems... pretty benign. Maybe just don't speed through a residential area? Seems pretty simple to make it no factor in your life.
 
kaiser said:
Would this fall under impersonating a Police… department?
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On my college once I got a ticket for rolling through a stop sign from campus police.
I could have ignored it if I wasn't a student.
 
Morgan3820 said:
One question I have is can a private firm obtain info from the license plate? I thought that info was available only to duly sworn LEOs
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I was browsing an auto parts site yesterday and it offered a lookup by license plate.
 
Baked Potato said:
I've heard horror stories - you really don't want to be in the position of ignoring HOA dues/fines.

But of all the areas where the wrong HOA board member(s) may decide to invade your privacy (and some certainly overstep their bounds), enforcing speed limits in the neighborhood seems... pretty benign. Maybe just don't speed through a residential area? Seems pretty simple to make it no factor in your life.
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Pretty benign yes. Until it isn't. Give them an inch and they will take a mile. I don't like that s***t.
 
Sac Arrow said:
Pretty benign yes. Until it isn't. Give them an inch and they will take a mile. I don't like that s***t.
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Kind of like “let me drive 50 in a 30 mph-limited residential area, and I’ll accelerate to 80”?
 
No, it's not about objections over laws existing, it's about pushing back against the proliferation of kangaroo courts in American society. Not a difference without distinction in the least. The election and legitimacy of the agreed upon arbiter matters, a lot. I can't believe that civics lesson has to be spelled out in this day and age.

And I'll preempt the typical retort of "move". I did manage to find non-HOA property, but I recognize that is a very limited set of conditions given the land development trends of the past 15 years. It is not hyperbole new construction or near-new construction simply cannot be found in non-HOA deed form, at most +/- 1 sigma of working people's price points. It is a statistically significant limitation in choice, within the suburban housing stock of every metro in the entire Country.
 
If it's a gated community where the HOA owns the road, anything is possible.
 
I think it's fair. As long as it's equally OK to overthrow the HOA, take the president and board, tie them up and ship them to live in exile on Elba, and replace them with hipsters dressed up like little Castros, who then drive around in little single speed bicycles with giant tires.
 
Here's an idea for people that don't like their HOA.

Volunteer to be on the board.
 
Depends on NC state law.
 
I’ve seen no implication that the speed limits are illegal, so why wouldn’t they be enforceable?
 
HOA's can be good, but they can also come with a lot of politics. Here is an example.
 
I know of a gated community that has its own security guards that do run radar within the community. Any tickets they issue though are not state tickets, they are merely fines that will get assessed to the property owner connected to the driver of the vehicle. Guests have to sign in and be approved to get through the gate, so they have that record. They do not have access to state driver or license plates database.
 
How big is the fine?

Try not thinking of it as a fine. Rather, consider it a fee that allows you to speed. Drive how you like and pay the fee when asked.
 
Let’s always give the other side of the story a chance; I want to know what has led up to this situation.
Maybe it’s not just a few power hungry leo-wannabes.
I think we have all seen egregiously unsafe driving.
 
JOhnH said:
Here's an idea for people that don't like their HOA.

Volunteer to be on the board.
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Anyplace that is doing crazy controlling things like this is going to require more than volunteering to make it onto the board.
 
In a lot of areas, localities have essentially ceded responsibility to HOAs to provide basic government services. It doesn't surprise me that this would creep into security or law rule enforcement.
 
I don't know. What does it say in the covenants you agreed to?

but generally yes, the NC Planned Community Act provides authority for the assessment of fines for violations.
 
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JOhnH said:
Here's an idea for people that don't like their HOA.

Volunteer to be on the board.
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What? Then I would have to talk to them. No, I’d rather remain on the local EMS squad and slow roll to cardiac calls. “Unfortunately, ( insert remaining spouses name), there is nothing we can do. Sorry for your loss. So, I guess you’ll be moving back to New Jersey?”
 
Salty said:
Anyplace that is doing crazy controlling things like this is going to require more than volunteering to make it onto the board.
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Correct, you have to be voted in. As you might expect, it’s a popularity contest among a few.
 
MauleSkinner said:
I’ve seen no implication that the speed limits are illegal, so why wouldn’t they be enforceable?
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The development is all private roads. The Board of Directors for the HOA is not subject to any oversight laws. When it serves a purpose, they act like a town. When it doesn’t, they are a private concern, and don’t have to tell you what they are doing. If they passed a rule saying that everybody has to have a car of a certain color or else you’re gonna be fined daily there’s really nothing to stop them. It is not an incorporated community. It is just a bunch of overzealous retired Yankees, with a lot of time on their hands.
 
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MauleSkinner said:
I’ve seen no implication that the speed limits are illegal, so why wouldn’t they be enforceable?
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The issue for me is who gets to play cop? Example - a security guard has no more authority to detain you than any other private citizen. Depending on your state, they may receive more legal protection if they do, but you are still free to tell them to pound salt and leave.
 
What happened to the spray on reflective camera blocker?
I remember someone selling that.
 
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