Please forgive me. I misunderstood your previous answer.TxLobo wrote:LOL I actually wrote a whole lot more, but decided that I would just answer the question..The Annoyed Man wrote:If the detained person was not a resident (and maybe even then), there might not be a criminal liability for HOA officials, but there would almost certainly be a civil liability. Peronsally, I would be so offended by such a detention that I would make sure that the individual HOA officials were sued out of their homes and savings. I would not settle for less than $10 million.TxLobo wrote:Nope..
Although I dispise HOAs, I understand how some people are more comfortable living in an HOA instead of outside of one—and that is certainly their right to do so. None the less, no HOA official's authority under their organizational guidelines trumps my constitutional rights, which are considered to be unviolable.......even by government. They can ask me to leave—and I will—but if they attempt to detain me for more than about 5 seconds, then I WILL see them in court, and it isn't going to go well for them.
So don't start feeling too safe about what you can and can't do just because you're an HOA "official." That title doesn't make you the boss of me.
having worked private security before, and worked law enforcement my initial response is something akin to "Not in this lifetime"
We had a gated community in an area that I worked, they were constantly calling and complaining about the speeders.. but... Their roads were private roads, they were not maintained by the state, or the county. We could work criminal cases on the property, just as any other private citizen could call in on a crime that happened on their property, but no traffic enforcement, minor accidents were given a blue form and a tip of the hat.
IF the security officer is trained in radar AND his radar is certified, and it's been calibrated, then I could see them notifying the HOA of any infractions and then it could be dealt with on that level.. but sending a citation? going before a judge? That would be like me burning doughnuts in my pasture.. Who's gonna stop me and what would they do?
