Homeowners associations and streets

I live in a housing development where we pay dues to a homeowners association for street maintance, snow removal, ect. This all come out of out pockets and while or subdivision in with in town limits the our streets are not even shown on a town map because they are privetly owned.... owned the the homeowners association according to Indiana law..... so says my attorny.

my question is how can the town police force ticket and tow a car, truck ect from these streets? My understanding is outside of protection of life and property they are basicaly on privet property when out here and cant even enforce the posted speed limit.

This is a nice area with god people and no crime but we are being haressed to death the the city police force. Feels much like a small town force out of control. I havent had any run ins yet but see what is happening. As I said..... just thinking out loud.

In Michigan, I believe, law enforcement CANNOT enter private property without:

1. Just cause. A felony has been committed, about to be committed, etc.

2. Without permission. This is what I would bet is happening to you. Your sub is indeed probably considered private property. BUT, huge BUT here, I bet one of your neighbors is calling the police to complain about parked cars, skateboard kids etc. Now they have "permission" to enter because they are following up on an official complaint.

In Michigan 911 calls and police reports are available to the public through the F.O.I.A. (freedom of info. act).

If the complaint is official you can find out from the local police reports who is calling. If this not the case, I would say they do not have permission "just cause" to enter.

I had a similar situation happen to me while digging my pond, with a little detective work on my own, I found out who the complainer was. I confronted him, and mentioned he was on my property while I was not home, tables turned and now not one peep out of him.

I am a small town so I just got all the reports for one month, $3 each. $200 later it was easy to figure it out. Plus I got some interesting reading material about other things going on in the rest of the township.

Good luck, please post the outcome, I am interested in hearing it.

p.s. That is why I bought 33 acres, yet still had a noisy neighbor.

Rick

It really does depend upon what the law says as to the police powers on private property. Generally, police are not permitted to enter upon private property absent a belief that a crime has been or is being committed.

In my state, private roads are indeed private property and any traffic signs are advisory only.

Its good that you have an attorney to advise you. I suggest you also check you state statutes which are usually available on line.

Bob

In a lot of these types of housing project they have a gate to keep anyone out that they don't want in.

Personally you couldn't pay me enough to live in one.
Walt