Feifer & Greenberg, LLP

Do HOAs Have Police Powers?

Driveway and Entrance of an Upscale Gated Community Housing Estate

Do HOAs Have Police Powers?

People who live in neighborhood controlled by a homeowners association are used to living under certain restrictions. HOAs often have rules regarding fence installation, exterior paint colors and even upkeep of property. Imagine, though, the surprise a resident in Arizona experienced when he received a letter from his HOA warning him of impending fines for any subsequent speeding offenses.

According to reports, a man in East Valley received a letter from his HOA. The letter said that he was caught traveling 37 mph in a 35 mph zone. The letter also contained photos of his vehicle. While the letter was just a warning, it contained a very clear threat: Any subsequent occurrences of speeding would result in a fine.

A local news station caught wind of the story and conducted an investigation into just what powers an HOA has over its residence. What they found may be an eye-opener to some. Many HOAs preside over neighborhoods with privately-owned streets, meaning that local law enforcement doesn’t conduct patrols. These HOAs typically have “patrol offices” who keep an eye on the streets. They have every right to enforce traffic laws in the neighborhood.

A lawyer did point out, however, that while being issued a citation by the HOA is a legal occurrence, and the fine associated with it must be paid, the citation has no effect on a person’s driver’s license. The only “trouble” a person can get into is with the HOA.

If you have received a citation in New York, you have the right to fight it and we are here to help you. Reach out to our office today to schedule a consultation.


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Your office is in NYC. How do you handle cases statewide?

We have organized a statewide network of attorneys. In our network are both attorneys who work for Feifer & Greenberg and attorneys who work for other firms that regularly provide of-counsel representation to our clients. This statewide network allows us to match clients in a particular county or court with local attorneys who regularly appear on similar matters in the same county or court. It enables us to help clients anywhere in New York State and in our opinion provide particularly effective and affordable representation for our clients. Local attorneys can draw on their particular local experiences and, with travel time and expense removed from the equation, help us keep our legal fees low.

Do you guarantee results?
We can only guarantee that we will provide the best possible client service and legal representation. We can’t guarantee results. These are legal proceedings and we can’t promise you that every case will end in our favor. We will always honestly assess your case (both good and bad) and set realistic expectations during your consultation. We’ll discuss our goals and objectives but no attorney can ever guarantee how a case will conclude.
Should I just pay my ticket or should I fight?

We recommend fighting almost all tickets. Even if the current NY traffic tickets aren’t particularly harmful, you have an incentive to keep your record clean for the future. Convictions quickly lead to surcharges, insurance increases and other complications. You should strongly consider any decision to pay a ticket without fighting.

How can our traffic ticket lawyers help you?

Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. Experience, preparation and good decision making help us to help our clients avoid points, surcharges, insurance increases and the other negatives that can easily result from a traffic ticket.


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