A heated confrontation in Orlando over an FHP patrol car’s parking space has moved beyond the usual tension between residents and homeowner associations — it’s become a test case for a state law giving first responders a sweeping exemption from HOA rules.

A warning notice and parking rules were placed on the windshield of Trooper Eduardo Hernandez's patrol car two weeks ago after he had been warned about parking his vehicle overnight in guest parking, which is against association rules but preempted by state law.

But Hernandez countered that a state law signed by Gov. Ron DeSantis in 2020 says HOAs may not prohibit first responders from parking their clearly marked vehicle wherever parking is allowed within the community. That exemption includes owners, tenants, and guests.

Law enforcement officers and other first responders are sometimes required to take their assigned vehicles home with them so they are ready to respond to an emergency call at a moments’ notice.

An advisory opinion of the Florida Attorney General said the statute preempts existing HOA rules, an interpretation echoed by Becker & Poliakoff, a Fort Lauderdale-based law firm that specializes in condominium and HOA law.

Morgan said she was unfamiliar with the law when Hernandez brought it up but immediately sought the opinion of the HOA's lawyers. She noted there are two police officers in the 417-unit neighborhood, and they park their patrol cars in their driveways.

Having to revise the parking rule to make exceptions for law enforcement could further limit the number of guest spots available at Carter Glen, which only has 30 guest spots to begin with, Morgan said.

I don't need this, she said. I am getting calls every day from other residents asking why they can't park there and (Hernandez) can. Everyone says it's unfair to them and I don't want to make enemies with anyone.

Hernandez said his leasing agent assured him that he would have “no worries” about the patrol car, saying he could park his fully-marked, FHP-issued black-and-tan Dodge Charger in the guest parking of the community’s clubhouse, just a short walk from the condo he was renting.

He said he had to park the patrol car there because his garage was full with his motorcycle and other belongings, and the driveway only had room for his personal vehicle.

Morgan noticed the cruiser one Saturday morning when she was out walking her dog and said she saw a FHP patrol car partially blocking the entrance to the clubhouse parking lot and obstructing the stop sign. When she noticed the car still there a few hours later, she called FHP and reported the vehicle. That Monday, an FHP supervisor called her back and confirmed that Hernandez was a trooper who lived at Carter Glen, she said.

The supervisor said he’d pass the message on to Hernandez about the parking rule, Morgan said. But Hernandez continued to park in guest parking every day. Another week went by. Morgan and the board president discussed the possibility that residents were unaware of the rule and told security to put a notice on every car along with a copy of the parking rule.

They papered 18 cars altogether, including Hernandez’s prowler.

As they were placing the orange tags on the car windshields, Hernandez started shouting at the security guards from his balcony not to touch his car, Morgan said. He came out of his house and crossed the street to the security guard and yelled at her, video footage shows, Morgan said.

When he saw the guard putting a parking warning on his cruiser from his balcony, Hernandez said he spoke loudly. He then went downstairs to speak directly to the security guard, who at first just ignored me and walked away while I asked her who gave the orders to keep putting stickers on my car.

The notices were meant to be informative, not threatening, Morgan said.

But Hernandez said he was threatened with a $100 fine for each violation. A state trooper for nearly 13 years, he said his Fraternal Order of Police chapter initially said it couldn’t help him because it was a civil matter.

His supervisor and FOP steward Spencer Ross said the matter is now under review.

Hernandez said his leasing agent offered to give him a full reimbursement with no penalties if he decides to move out, but he said he needs that money up front in order to move.

“I have no other options,” Hernandez said.

Also, after working 60-70 hours a week patrolling the Cross Florida Expressway, Hernandez said he didn't want to be more stressed out where I live than where I work.

Morgan said Monday they were still waiting for their lawyers to advise them on what action to take next.

“We said we won't do anything until we hear from our attorney,” she said. "This is where we are, but it is not a hill I am willing to die on."