Would you pull over?? I know I wouldn't

[E.Marquez]

Chicken or the egg, rock and a hard spot or some other cute phrase.. End of the day, id never live there, or anyplace with an HOA.. But even if visiting I would not stop.. I would continue to my intended destination and if the privet security would like to call a Texas LEO to meet me there, I'd be happy to speak to the LEO.. I'd think the privet security folks are reasonable and professional in the same ratio as any company. And deserve no hassle from others in general,, but they have no law enforcement authority as far as I can find. Im not obligated in any way to follow their instructions, orders, or rules, (other then leaving if ordered off the privet property) nor am I obligated to speak to them at all.

I would not be handing over any ID, DL or CHL for any reason. I would think the only thing you WOULD be obligated to is, if so warned to depart the property, you would be required to leave the grounds. As clearly the security has been hired by those responsible for the grounds and can direct you off or face trespassing charges.. But Im not even positive on that..

Does a person who owns a house in a gated community have the right to allow a visitor to be there ? id think yes.
Can an HOA board member, or designated Rep, trump that right and order my visitor from the community property? Not really sure.. and likely to never find out. as i don't live in an HOA, nor do i visit anyone that lives in a gated community.

[A-R]

...to be fair, there are many fine, professional security folks who know their duties and the law...and work very diligently within both...I've worked with them both as an LEO and private citizen...they're a good visual deterrant to a lot of crimes and can make a difference doing what they're supposed to do...it's the wannabees who cause the problems and get them all a bad rap...there's a big difference between a confident, professional presence and attitude and what we often see...and the good ones have to live down the rap on the bad ones...

+1

[speedsix]

...I found this interesting...

http://www.merchantcircle.com/blogs/Tex ... cer/861144" onclick="window.open(this.href);return false;

[A-R]

...I found this interesting...

http://www.merchantcircle.com/blogs/Tex ... cer/861144" onclick="window.open(this.href);return false;

Great link, speedsix. Seems my early post was liklely incorrect on the distinction between private and public property/roads. If they're pulling you over on a "traffic stop" that substantially makes the person stopped believe they are police officers, then they're committing a crime.

[Scott in Houston]

...I found this interesting...

http://www.merchantcircle.com/blogs/Tex ... cer/861144" onclick="window.open(this.href);return false;

Great link, speedsix. Seems my early post was liklely incorrect on the distinction between private and public property/roads. If they're pulling you over on a "traffic stop" that substantially makes the person stopped believe they are police officers, then they're committing a crime.

That was my thought as well, as well as gigag's thought about it being illegal.
If it came down to it, I'd call 911, and ask if it's an actual officer behind me, when they said, 'no', you'd have a very good reason to keep moving, and call the police on them. How is it different than any other 'joe' trying to pull you over on the freeway with a few lights on their car?

[Warhammer]

If the security company and personell could be on the hook for felony charges, what about the HOA officials who knowingly hired these guys and asked them to impersonate peace officers? Couldn't they be charged as well?

I agree with the homeowner in the video who said, "it's not going to go well." This whole setup is a disaster waiting to happen. At best, people are going to be arrested and charged with impersonating a peace officer. At worst...

[Keith B]

So in this case, since it is a gated subdivision the streets would most likely be private property.

That is the $64 question. If the streets are truly supported and maintained by the HOA and no city maintenance or tax $$ go into them, then the security could issue a violation to the individual that lives there if they broke the HOA rules that were established when they moved in.

However, unless the HOA has written into the CC&R's that they can change them at their discretion, then there has to be some method of a majority of members voting to add verbiage on being able to control the street and issue violations.

I have been down this road before. I bought my home and the builders agent told us a specific amount for dues. It was written onto our contract. We got a letter about from the HOA management company 3 months later telling us that the agent was wrong and that we owed 3.5 times the amount quoted and agreed to, which was WAY over priced. I would have moved on down the road if quoted that to begin with. Anyway, I told them that I should grandfathered at that price as my contract stated the amount. They tried to bully me by threatening a law suit. I told them to go to their lawyer, tell them that the agent was 'the HOA representative' when I signed the contract, and they had two choices; Either keep me at the rate I agreed to or they could buy back my home and pay for any expenses involved with my relocation to a new home, including time lost and monies for duress. They called me back about 30 minutes later wanting to 'work something out' because of their mistake. I told them to go jump on the lake and they would get what I agreed to originally. Had they been nice about it in the first place I might have been more willing to work with them, but not after being threatened.

Bottom line, it would be a civil matter that would have to be settled in court.

I think this is just another case of a hoity-toity HOA trying to overstep their boundaries.

[snatchel]

Note To Self: Never move into an HOA community.

[MadMonkey]

Being a former security guard myself, I'd laugh at them and drive away.

And I'd LOVE to see one try to stop me

[The Annoyed Man]

Nope..

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.

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.

[Keith B]

By the way, there are much more cost effetive methods to slow people down in neighborhoods, including speed cushions or actual speed bumps.

[old farmer]

Have these people never heard of speedbumps?

I live on street with dip in the road at the intersection. The street is not a short cut. The dip will leave your bumper. Speedbumps work.

[old farmer]

Just a question? Do the personel carry weapons?

[Keith B]

I live on street with dip in the road at the intersection. The street is not a short cut. The dip will leave your bumper. Speedbumps work.

I live on a street with a dip four houses down. I sometimes wish he would wander into the street when people are speeding by.