Can gated communities set their own curfew?

[Anonymous]

This sounds like my Nana’s retirement community. No kids (visiting, as kids can’t live there) outside after dark. Also, no loud play noise or ball noises after 7 PM in the summer since many residents go to bed that early.

[Anonymous]

Anonymous wrote:

Anonymous wrote:What is the recourse? They write you a letter. Big deal.

Breaking a rule is not breaking the law. No way that is enforceable.

You don't know anything about HOAs. They can issue citations that carry fines, and if you don't pay, they can put a lien on your house. If HOAs had no legal enforcement authority they would effectively not exist, actually, they do exist.

Now whether the particular rules are illegal in the first place is a different story - I have no idea if it's possible to make such restrictions with any kind of property ownership agreement - but if the rules are legal, they can damn well enforce them with teeth.

I know plenty about HOAs. I was even on a board at one time 6 or 7 years ago.

I can promise you that nobody is filing a lien or fining you over a curfew issue. Never happening. Rules like this exist to give them latitude in the event that somebody is really abusive or disrespectful to neighbors. That’s it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:What is the recourse? They write you a letter. Big deal.

Breaking a rule is not breaking the law. No way that is enforceable.

You don't know anything about HOAs. They can issue citations that carry fines, and if you don't pay, they can put a lien on your house. If HOAs had no legal enforcement authority they would effectively not exist, actually, they do exist.

Now whether the particular rules are illegal in the first place is a different story - I have no idea if it's possible to make such restrictions with any kind of property ownership agreement - but if the rules are legal, they can damn well enforce them with teeth.

I know plenty about HOAs. I was even on a board at one time 6 or 7 years ago.

I can promise you that nobody is filing a lien or fining you over a curfew issue. Never happening. Rules like this exist to give them latitude in the event that somebody is really abusive or disrespectful to neighbors. That’s it.

A, OK, expert. A minute ago, you said that it's "not enforceable." Now you've backtracked to promising us that it won't be enforced.

So you think that an HOA who actually has a guy driving around on a golf cart and a flashlight to harass people over the curfew would stop there and never issue citations to repeat offenders? Of course! Because everyone who actually hires a curfew cop doesn't REALLY care and wouldn't REALLY take the next step of issuing a citation if people keep doing it.

The lien isn't over any particular violation. it's over a fine. If they care enough to shine a light in children's faces at 6 PM they sure as hell will write a ticket, at which point you actually do have to pay, or they actually can take further steps like any other unpaid fine.

[Anonymous]

OP, this is crazy! What community and area is this?? Just so we can avoid it.

[Anonymous]

this would worry me. sounds like some managers have george zimmerman syndrome. i can envision a situation in which a teen who resides in the community, maybe even near their some says something smart and well, an altercation ensues. that seems dramatic but i'm more sensitive to these types of things b/c unfortunately i have no choice.