Can gated communities set their own curfew?

[Anonymous]

In the city I live in, there is a curfew of 10:00 PM. The "gated community" I live in has its own set of rules though and demand that all children under the age of 18 are in their home by dark. Keep in mind that is not too long after 6 PM, this time of year. In fact, they will have managers whizzing up and down the streets on golf carts yelling at any kids who are outside (even on their own property). My son was standing in our drive by the SUV and one of the managers told him to get in his house. They told my little girl to go in off of our porch, as I was watering my own flowers (so she was with me). We were actually headed out one evening (the whole family) and as we were getting in the vehicle, one of the managers whipped his cart around and shined his headlights on us until I drove off .

Is this legally enforceable by them? It's not as if there are a lot of kids running rampant, but to not even be allowed on your porch?

[Anonymous]

That's insane! Where is fricking freedom?

[Anonymous]

Unreasonable restraint on your freedom. You should dispute your HOA.

[Anonymous]

You signed it when you moved in, can’t bitch now.

[Anonymous]

How did you choose to live there?

[Anonymous]

Where are you? Some third world hellhole with a raperoom?

[Anonymous]

What cities in the US have a 10pm curfew?

[Anonymous]

Did you know how strictly it was enforced before you moved in? Not having to actually live there I found it bizarrely hilarious. Are you the only ones with children there?

[Anonymous]

You signed up for it

[Anonymous]

Where is this?

[Anonymous]

So a 17 year old can't stand in their own yard at 4:30 on a winter afternoon? I would train my kids to say, "Are you aware that you have limited enforcement mechanisms for this rule?"

[Anonymous]

Sounds like you have neighborhood watch managers that are overinflated and on steroids. Report them. Your family is being harassed.

[Anonymous]

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

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

[Anonymous]

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.

[Anonymous]

I think curfews more strict than municipal curfews (which invoke police power) can violate the rights of children and families who are a protected class under the Fair Housing Act, but all that info is kind of fuzzy for me now. If it was me, I'd check in with a non-profit doing housing policy in my area.