Legal Question in Real Estate Law in Georgia

I live in a gated community that has a security team that has issued me two citations for �failure to stop a marked intersection� after receiving reports from other �residence� that THEY (the resident) saw me run a stop sign. In neither case did the patrol officer see the alleged violation, yet he falsified two citations that add up to a $200.00 fine issued by our HOA. I already addressed this with our neighborhood �board� who sided with the patrol officer who claims he DID see it, and basically said that a residence claim should be sufficient to issue a citation. Do I have a case against the Security Team? The HOA?


Asked on 11/14/11, 9:33 am

2 Answers from Attorneys

SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

HOA's often have documents that govern your ability to litigate issues that involve your relationship with the HOA. No one can give you an answer that is on point, without examining those documents. You might wish to consider hiring an attorney, in the event that you believe future unjustified fines are likely to occur.

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Answered on 11/14/11, 9:43 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Since you chose not to tell us what your HOA documents say (and the answer is there) as to the procedure for citations and challenges to citations, there is no way to answer your post. Likely you do NOT have a case, but you may need to hire a lawyer to properly challenge the citation and deal with it.

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Answered on 11/14/11, 10:13 am


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