Legal Question in Real Estate Law in Illinois
Does a Home Owner's Association have the right to issue a speeding citation and collect a fine, based on the word of another resident. A letter was sent to my house stating only date of violation, plate number of my car and that I was speeding in excess of 30 miles an hour based on an observation of another resident. They are requesting a fine of $50.00 or I can request a hearing. My house in located within the city limits of Braidwood, IL. Letter was signed by the manager of the home owner's association. Can the home owner's association legally issue such a citation and collect a fine.
2 Answers from Attorneys
You need to look at the bylaws and recorded declaration in prder tpo determine whether you consented to this power.
And check the rules!!!! Sometimes rules are not properly passed!!! Some HOAs do this because the local police department won't agree to police the development or the HOA doesn't want to have the privacy of the residents intruded upon by granting a contract to the police to do so. Good luck.
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