A recent Fox4 news story from Florida addressed a story about the legality surrounding traffic enforcement in an Estero, Florida homeowner’s association. The story alleges that a resident was fined $100, without picture or video evidence, after rolling through a stop sign in the community. Here is a link to the news story: https://www.fox4now.com/news/local-news/man-says-hoa-is-giving-traffic-citations
While traffic enforcement by a community association may seem an extreme measure in most neighborhoods, the bigger question raised when I read the article was whether the association properly complied with their fining procedure prior to imposing the citation. In Colorado, CCIOA requires that the association adopt an enforcement policy that provides a homeowner with due process rights prior to having a fine assessed against them. First, written notice is required to be provided to the owner specifying the violation and providing them an opportunity to attend a hearing, if requested, before the board and/or fining committee prior to having a fine assessed them. If a hearing is requested, the board/committee should be prepared to present sufficient evidence supporting an alleged violation. For example, photos, video footage and statements from other association members could be used to establish a violation. Also, the board/committee members reviewing the alleged violation at a covenant enforcement hearing need to be fair and impartial (i.e. none of the members have anything to personally gain or lose from a fine being assessed). An association should also review their enforcement policy to ensure that there aren’t additional requirements that must be met prior to assessing a fine.