Speed Enforcement Program

 

This notice refers at Article 7, section 2 of the CCRs

 

Most folks don’t intend on speeding.  Driving is second nature and when we drive, we are often thinking about other things and don’t pay attention to our speed.  That lack of attention could have tragic consequences.  We are not really interested in catching speeders or collecting fines.  Our goal is to increase drivers’ awareness of their speed to create a safer environment in our community.

 

The posted speed limit on all roads within Rosedale is 25 mph

 

To combat speeding, a calibrated RADAR camera will be randomly placed on our streets to identify speeders.  Violators of speed limits will be subject to fines. The fines to be levied for exceeding speed limits shall be:

$50 for a first offense,

$100 for a second offense,

$200 for a third offense, and

$500 for a fourth and each subsequent offense.

The Association may also seek to limit or restrict entry bar-code use as a reasonable penalty in the event of recidivism. As with all covenants, lot owners are responsible for the actions of their, guests, visitors, tenants, and tenant's guests and visitors.

 

Speed violations and subsequent fines will be levied at the Master Association Board meetings. Once a fine is levied, the homeowner will receive notice which will serve as written notice of their opportunity for a hearing and the date of the next hearing. (The hearings are held on the first Friday of the month.) The time and location of the hearing will be 3pm at:

 

Resource Property Management

2025 Lakewood Ranch Blvd.

Suite 203

Bradenton FL 34211

If a violator would like a hearing, we ask that they notify RPM in advance.  If a majority of the Fining Committee confirms the fine, that determination will be forwarded to the Board of Directors, who will notify homeowner in writing the approval of the levy and the amount the fine to be paid. Fines are due within five (5) days.


 

What to know about Speeding Notices and the
Hearing Process to appeal a speeding fine

 

Notices Concerning Speeding
A list of those residents who have been clocked for speeding by Radar with their recommendations for fines during each month are submitted by the Compliance Committee to the Board at their next scheduled Board Meeting.  Once the Board has approved the list, RPM will send out a notice to each affected homeowner informing of the citation and their right to appeal at a Hearing Committee meeting with a minimum of 14 day notice. These notices are not bills. After the Hearing Committee hold their appeals hearings and makes their determinations RPM will mail out bills, indicating the amount due, the time frame to pay (5 days by statute), and where to send payment. We can all agree that the process is complicated and slow, but it is the process prescribed by Florida State statute and the process and timing we must follow. This is the same process followed by any compliance violation – not just for speeding.

 

Hearing to Appeal a Fine

Every resident who receives a violation has the right to a hearing to present to the Hearing Committee any additional information that might allow the Committee to reverse the fine. Attending the Hearing Committee hearings is not mandatory. Those who do not wish to appeal their fines, do not need to attend any hearings. After the hearings, the Hearing Committee will review all fines, make their final determination and report their findings to the Board. The Hearing Committee is limited in its mandate by Florida statues to two possible findings – uphold the fine or reverse the fine. It cannot entertain any questions regarding the viability, legality, or justification of the violation. So, if the resident does not have additional information that would afford the Committee the opportunity to overturn the fine (like that’s not my car in the picture or I was rushing someone to the hospital in an emergency), they’d be wasting their time.  Hearings are not a forum for expressing gripes.  

Some arguments made by folks appealing a speeding fine that were rejected
The following are objections often brought up in the past by folks appealing their speeding fine as to why they should not be fined, and the reasons the hearing committee rejected them and denied the appeals.  

If you decide to take advantage of your right to a hearing to appeal the fine, please be aware of these facts. All of the actions taken to administrate speeding violations adhere to our CCRs found on our website and to Florida Statute.

1.    The Hearing Committee should be able to reduce my fine.

 

Florida Statute 720 reads, “The role of the (Hearing) Committee is limited to determining whether to confirm or reject the fine or suspension levied by the Board.” That is to say, the purpose of an Appeal Hearing is exclusively to allow residents an opportunity to present any reason or extenuating consideration as to why they should not be fined and to vote yes or no.  Criticism of the Speed Abatement Program cannot be considered. The hearing is not the appropriate forum for filing grievances.

 

2.    The Master HOA does not have the authority to levy fines.

 

The Association is governed by its Declaration of Covenants, Conditions and Restrictions (filed at Official Records Book 2587, Page 7689 of the public records of Manatee County, Florida) which states, “The Association shall levy fines as provided in section 720.305 Florida Statute and Declaration and Bylaws.”

 

3.    The Master HOA does not have the authority to manage and levy fines for speeding.

 

The Master Association is authorized to adopt and enforce Rules and Regulations pertaining to the private roads, such as speed limits. As well, the Master Association is authorized to fine and suspend certain privileges for a reasonable amount of time. As such, these Rules and Regulations pertaining to Speed Enforcement were adopted by the Board in October 2022.

 

4.    The RADAR is not accurate because it has not been recently calibrated.

 

The folks on the Access Committee running the RADAR Speed monitoring cameras are retired police officers with extensive experience in RADAR traffic monitoring.  They have completed a training program on the equipment with our equipment provider. They check the calibration of the system before each use and can supply a certification of calibration if required.


5.    How do you know it is my car?

 

The RADAR camera produces a sharp photo of each speeding car showing the license plate clearly.  Based on the picture, if it was your car, it would be very hard to argue that it was not. If anyone would like a picture of their car while speeding, just send an email to the Access Committee at communityaccess@rosedalemhoa.com. They will send you a picture of your car, license plate, location, date, and speed for a respective violation.

 
car speeding tag.jpg

Sample Speeding Verification Picture

 

6.    What if it was not me driving the car, or it was my guest who did the speeding?

 

If someone else was driving your car such as a friend or family member, or if your guest or tenant is responsible for the violation, then you, the homeowner, will be fined as you are deemed responsible for the actions of your family, guests or tenants. Residents are absolutely responsible for their guest’s actions. This is very specifically stated in our CCRs. Vendors, if listed as vendors in dwellingLive, are not your responsibility.

 

If your guest were to destroy a street sign, drive into a mailbox, etc,, you, as the resident would be responsible. The Association has no authority over anyone outside of our membership. It is also important that residents accurately identify their guests, verses your vendors, in DwellingLive. If you list your maid service as a guest and they speed, the resident is responsible. If they are listed as a vendor, the Access Committee will work directly with vendors to curtail speeding.

 

General Questions about speeding enforcement and hearings

 

1.    Why does it take so long to get a ticket and why do I get a notice and then a fine?

 

The timeline is lengthy (we all agree) but follows Florida statute.  Association violations have a clear and specific process that must be followed. Short of a resident getting elected to the state legislature to change the process, this is what it is by law. Fines can only be levied at the monthly Board meetings which, as pointed out above, adds to the timeline.

 

2.    How can I see who is being fined?

 

All Association fines are part of Florida’s open meetings act. As a result, once the Board levies a fine at the Board meeting, the list of violations is included in the Board meeting minutes posted under the Governance Tab on the Master HOA Website - https://www.rosedalemasterhoa.com/copy-of-board-of-directors-meeting- .

 

3.    How can I find out where the cameras are placed to avoid getting fined?

 

The location of the radar camera is moved on a daily basis. The Board has received complaints about speeding from residents in all areas in Rosedale. The point is to discourage folks from speed on all streets in Rosedale.

 

4.     Will the Board be monitoring stop signs?

 

Monitoring stop signs is on the Board’s agenda to review, and we hope to have a similar process in place for stop signs as we do for speeding. We’ve received several comments from residents that running stop signs is a serious issue in Rosedale.

 

5.    Why is the notice of fine letter addressed to the offending driver?

 

The violation letter goes to the name on the title. Obviously we have no way of knowing who was driving the car, whether it be a spouse, child, friend, etc.

 

6.     Is everyone fined?

 

We do not fine folks going slightly over the speed limit.  We allow some reasonable leeway, but do not publish any number because that would become the de facto speed limit.  In any event, that number may be reviewed and adjusted from time to time.  

 

At this point in time, only one fine is levied regardless of how many times a resident was speeding in a given month. For example, there were many residents who were caught speeding on multiple occasions but are only being fined for one offense. Our intent is not to use this process to merely fine people, but to get people to slow down. We’ll review the fining structure in a couple months and make changes, if needed.

 

7.     Where do the funds received from fines go?

 

The funds received from these fines go into the Rosedale Master HOA income account and will be help offset future expenses. That is to say, the money is used to pay bills and help keep the dues cost manageable.

 

8.    Question: How can I know the Hearing Committee will be impartial?

 

No one who serves on the Compliance Committee may serve on the Hearing Committee.  The Hearing committee is made up of volunteers and is appointed by the Board. If you are willing to volunteer, please use the Contact Us page on the Master HOA Website (https://www.rosedalemasterhoa.com/contact-us) to do so. By Florida Statute, the only function of the Hearing Committee is to consider new information that might cause them to believe that the applicant should not be fined. The clear goal of the Statutes is to insure fairness by legislating that the Compliance Committee cannot be both judge and jury.

 

According to the bylaws, members are appointed by the Board, and may not be officers, directors or employees of the Master Association, nor the spouse, parent, child, brother or sister of an officer, director, or employee of the Master Association.

Authorization
 

The Association is governed by Florida Statute Section 720 and the Association's Declaration of Covenants, Conditions and Restrictions as filed at Official Records Book 2587, Page 7689 of the public records of Manatee County, Florida, as amended from time to time. The Association shall levy fines as provided in section 720.305 Florida Statute and Declaration and Bylaws of up to $500.00 a day up to $20,000.00 for each continuing violation and recovery of all attorney’s fees and costs related to the same as set by law. Any fine which exceeds $1000.00 may be recorded as a lien against the subject property.

 

The Master Association is authorized to adopt and enforce Rules and Regulations pertaining to the private roads, such as speed limits. As well, the Master Association is authorized to fine and suspend certain privileges for a reasonable amount of time. As such the following Rules and Regulations pertaining to Speed Enforcement are adopted October 2022.

11/28/2022