Sebastian, FL asked in Uncategorized for Florida

Q: Can an HOA limit non-resident cars on Halloween night and re-direct traffic flow in the community for four hours?

The two entrance/exit areas have a gate put up to keep out teen drivers from cutting through to avoid a traffic light. The gates were installed years after the community was built. Otherwise, the community is not closed off to any foot traffic. The HOA is trying to limit the number of non-resident cars for four hours on Halloween night because of the volume of children that come in. They have a plan to redirect resident cars around the heaviest volume areas so that residents can be escorted more safely to their homes. Some residents are threatening legal action over this plan

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: An HOA does have some authority to manage traffic flow and implement temporary restrictions for safety reasons, especially during events like Halloween when there is a high volume of pedestrians, particularly children. The plan to limit non-resident cars and redirect resident traffic can be within their rights if it's done to ensure safety and prevent potential hazards. However, the HOA's authority is generally limited by the community's governing documents and local laws.

Residents concerned about this plan should review the HOA’s governing documents, such as the Covenants, Conditions, and Restrictions (CC&Rs), to see what powers the HOA has over traffic and gate control. If the documents allow the HOA to manage traffic or restrict access for safety reasons, then they may be on solid ground legally. However, if the plan seems to overstep these boundaries, there might be a valid reason for legal concerns.

It might be wise to address these concerns through a community meeting where both sides can present their points of view. If the situation escalates, seeking advice from a legal professional who understands property and HOA law could provide clarity on whether the HOA’s actions are enforceable or if residents have grounds for legal action. Open communication and understanding each party's rights can often prevent conflicts from turning into costly legal battles.

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