'I did not agree to this,' fumes driver fined $50 by his HOA – they have more power than cops, so he took them to court | TAO0J17 | 2024-05-03 12:08:01
A DRIVER took his HOA to the state Supreme Court to contest a $50 speeding ticket.
Kenneth Poris, a Lake Holiday Property Owners Association resident in Illinois, found himself at the center of a legal battle as he contested his HOA's authority to administer speeding tickets.
Poris presented his case in front of the Illinois Supreme Court in 2012, according to The Newspaper.
The driver was one of 2,000 homeowners in the neighborhood.
He believed that the HOA's surveillance authority had grown too broad – he also said their enforcement mechanisms were too heavy-handed.
On October 20, 2008, The HOA claimed they caught Poris speeding at 34 mph.
The neighborhood had a consistent 25 mph speed limit and imposed fines between $50 and $200.
Failure to stop for HOA security carried a $200 fine for "obstructing an officer."
Poris contested that he was speeding – he also said the HOA's treatment rose to false imprisonment.
"The traffic citation against me is still pending, and I categorically deny I was speeding," Poris told the state Supreme Court.
"He took my driver's license. If I get a speeding ticket from a police officer, I can drive on that ticket. I cannot drive on a citation from Lake Holiday, and they had my license."
He also said that the officer who monitored his speed used a police radar device that needed to be monitored by the FCC.
<!-- End of Brightcove Player --> The security officer didn't have the proper FCC licensing, according to The Newspaper.
However, the HOA's lawyer, Bruce Lyon, argued that the road rules were laid out in the HOA's agreement terms.
Lyons said that all homeowners had signed written agreements with their enforcement mechanisms when they purchased their homes.
Residents were also held responsible for speeding guests, Lyon argued.
"If I owned a home at Lake Holiday and someone was coming to visit me, they are there at my behest," Lyon said in court.
<p class="article__content--intro"> You can avoid being ticketed by following all posted laws and ordinances, but sometimes mistakes are made </p> </div> </div> "If they were stopped and they were speeding by the Lake Holiday security force, the ultimate responsibility for that citation would fall upon the owner."
Several non-residents use the roads within the HOA to get around town.
The HOA argued that it handed a receipt of a warning to vehicles that weren't associated with residents.
After lower courts initially sided with Poris, the Supreme Court sided with the HOA.
"The Lake Holiday security officers only stop and detain drivers for violating association rules occurring on private association property, and citations are only issued to association members," the court said in its opinion.
In a statement to The U.S. Sun, the HOA said it still issues speeding tickets on its streets after being "affirmed" by the Illinois Supreme Court.
"We enforce the rules and regulations that all members of our Homeowners Association agree to abide by as part of their membership," a spokesperson said.
Poris didn't immediately respond to The U.S. Sun's request for comment.
More >> https://ift.tt/tvzuRnE Source: MAG NEWS