Article Courtesy of FOX 4
Published February 16, 2018
ESTERO -- A man is questioning the legality of his home owner's association
citing him for an alleged traffic violation.
This happened at the Timberwalk community off Three Oaks Parkway. Michael Krill
told 4 In Your Corner he received a letter from his home owner's association,
fining him $100.00 for rolling through a stop sign in the community.
The letter had no picture or video
evidence, only a photo of Krill's garage, which is a few
feet away from the stop sign. He said he's never heard of
his HOA giving out traffic citations and is concerned it is
not legal. "It says a gray Ford Fusion rolled through a stop
sign. There's not a license plate, just a picture of my
garage which is right there." he said. "How are they
enforcing this? Who is training them to give them the
ability to give citations for rolling through stop signs
4 In Your Corner asked neighbors if they were familiar with
the policy. They were also confused. "I would think you
would have to show proof. I would think a police officer
would have to give the citation," said one neighbor.
4 In Your corner wanted to investigate the legality of
the practice. We consulted with Richard DeBoest, who practices community
association law with Goede, Adamczyk, DeBoest & Cross. He said HOA's are
allowed to do this. "They not only have the authority, they have the duty to
enforce the rules and one of them would obviously be follow the traffic
control signs, stuff like that." he said.
DeBoest said the practice is legal under the Florida Homeowners Association
Act, but Krill can deny it. "If the board is aware of other people going
through the stop sign and not stopping, and did not take action against
them, that's what's called selective enforcement and could be a viable
4 In Your Corner reached out to Timberwalk's HOA for their side to the
story. They did not provide an on the record statement, but said they would
look into the matter.
Krill reported his HOA called him shortly after our call, and told him they
would remove the fine.