HOA tells Florida officer to move her police cruiser off her driveway or face legal action

Discussion in 'Cop Talk' started by RussP, Aug 29, 2019.

  1. RussP

    RussP Super Moderator Staff Member Moderator

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    This is way beyond WTF-Stupid...HOA tells Florida officer to move her police cruiser off her driveway or face legal action

    EAST LAKE, Fla. -- A Clearwater, Florida, police officer is facing an ultimatum from her East Lake, Florida, home owners association: Stop parking her marked police cruiser in her driveway or pay hundreds of dollars in fines.

    "The first thought is, is it a joke? Like this is the most absurd thing I’ve ever heard of,” said Dan Parri, a family friend speaking on behalf of the officer and her husband who is also in law enforcement.

    Parri says officers take home their marked cruisers to speed up response times. He says it also deters crime.

    “Every place that I’ve ever lived, if I had a police cruiser parked next to me, I felt safer,” he said.

    Florida law says home owners associations can prohibit commercial vehicles from parking in driveways but an opinion issued in 2005, by then State Attorney Charlie Crist says a law enforcement vehicle is not considered commercial.

    "They don’t have that vehicle for the purpose of profit,” Parri said.

    The officer lives in the East Lake Woodlands neighborhood, which has an HOA called Cross Pointe. Cross Pointe, which is managed by Holiday Isles, agrees the cruiser is not being used for commercial purposes, but said government vehicles are also prohibited from parking in the community's driveways.

    The Clearwater Police Chief, Dan Slaughter, has come to his officers defense sending a statement late Tuesday: "The actions of this association to changing the rules is disappointing to say the least. If you are going to change the rules on them, it seems logical to provide a grandfather clause that the association will honor. Not a grandfather clause they changed their mind on honoring.”

    "Maybe there are bad rules sometimes,” said Parri. “You don’t enforce those rules, you change those rules!”

    Parri says the family deals with tragedy every day within out community and says what’s happening to them isn’t right.

    "We just hope that they can come home to their family and just live their lives but it’s like now they are being harassed by this association,” he said.

    Chief Slaughter added in his statement, "The community has demanded officers be dedicated community servants and respond, day or night, to emergencies. This officer and her spouse have served her community admirably. When Irma hit our community, they put their kids on a plane to relatives because they both had to work during the storm recovery.”

    The HOA said that it will no comment on this situation, but passed a request for comment on to its attorney.

    Both Slaughter and Parri plan to talk with local and state leaders to demand change so HOA’s can’t go after first responder vehicles in driveways.

    :faint:
     
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  2. Taz

    Taz

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    So like how can police, EMS, and Fire come onto the property if they are banned from parking on site..
     
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  3. M7425

    M7425

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    Das bull****
     
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  4. NO504ME

    NO504ME

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    Uh? Isn’t the officer the “law”? Exactly what law is the officer breaking?
     
  5. thewitt

    thewitt

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    HOAs cannot pass new regulations like this. Much case law already exists. The ability for residents who lived there and signed HOA agreements prior to the changes to stay with the initial HOA regulations they signed IS the law.

    Unless the HOA agreement that is filed with their deed says government vehicles may not park there, they are fine.
     
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  6. RussP

    RussP Super Moderator Staff Member Moderator

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    When I was in property management we solicited all area agencies for tenants. We offered rent discounts for officers, deputies, and troopers who had take-homes they could park on the property.
     
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  7. blueiron

    blueiron

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    Civil contract law. When one buys or rents a residence in a HOA development, one explicitly or implicitly agrees to the CC&Rs.
     
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  8. fla2760

    fla2760

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  9. larry_minn

    larry_minn Silver Member Millennium Member

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    Ask HOA folks to provide home, business addresses. That way the Police know not to respond to calls from there. I'm sure fire, EMS would like to get signed statements not to respond as well.
     
  10. thinkfast

    thinkfast

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    Sounds like the president of the HOA got a ticket last month.
     
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  11. Lowcountry_Glocker

    Lowcountry_Glocker

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    Feel for the ofc. but just more proof to never buy in an HOA neighborhood.
     
  12. doktarZues

    doktarZues

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    This is a win win. How tool bagish could the HOA leadership be to pursue this?

    Alternatively, I never mind the occasional reality check on LEOs.
     
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  13. powernoodle

    powernoodle

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    When you join a club - in this case a homeowners' association - you play by their rules. Same with the NCAA, NAACP or any other club or organization. Don't like the rules? Don't join the club. No one is making you.

    Now, if Little Missy's cruiser does not violate the HOA rules, that's another story. She should fight it. But we don't know that, because we haven't read the rules. And we still might not know it even if we have read the rules, because they are subject to reasonable interpretation.

    Best bet is not to join a HOA in the first place. Then you can decide for yourself how to live, and what color mailbox to install.
     
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  14. Neldon

    Neldon Sir Arthur if you Puh-leeze!

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    So If the homeowner also owns a roofing company, he can parked a marked vehicle in the street in front of his house, but not his driveway?
    Florida has some strange laws. Must be the water?
    :freak:
     
  15. 686 AR15 G17Fan

    686 AR15 G17Fan

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    I would welcome a marked cruiser parked next to my house. Hell, they could park in my driveway if they wanted to.
     
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  16. slamdunc

    slamdunc JAFO

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    Unm, wouldn’t that be a commercial vehicle?
     
  17. as400guy1

    as400guy1

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    They should inform the HOA that no LEO's will respond to anything within the neighborhood.
     
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  18. Glock4L1fe

    Glock4L1fe

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    What is wrong with these people?
     
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  19. Slotback

    Slotback Glock 35 Millennium Member

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    HOA tried something that with a cop friend. A couple of phone calls later and it turned out to be a total miscommunication.

    It really depends on the board members of the HOA. A good board makes them tolerable. Otherwise it's mountains out of molehills more often than not.
     
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  20. MGGLOCK9

    MGGLOCK9

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    Our Friday lunch bunch of ROMEOs (Retired Old Men Eating Out) has one great guy who heads an HOA.

    He is reasonable and fun to talk to-until he starts talking about "his" HOA. Suddenly he is full of scorn for the members who don't dot every "I" and cross every "t".

    The HOA structure just gives some people power that goes to their head.

    Hope it works out for the officer.
     
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