Florida Cop Facing Thousands in Fines by HOA if she does not Move Cop Car

A Florida officer ignored her HOA rules regarding where she can park her squad car and now facing possible legal action.

A Clearwater police officer will soon be facing thousands of dollars in fines if she does not comply with her homeowner's association with its demand to move her police car into a garage.

Cross Pointe homeowner's association is currently managed by Holiday Isles Management, which sent a letter to the officer who has not been identified advising her that she is currently breaking the homeowner's agreement and needs to move what they call a commercial vehicle or pay the penalty for ignoring the rules.

According to Florida State Statute 403.413:

"(b) “Commercial purpose” means for the purpose of economic gain.
(c) “Commercial vehicle” means a vehicle that is owned or used by a business, corporation, association, partnership, or sole proprietorship or any other entity conducting business for a commercial purpose."

On June 16, 2005, then-Florida Attorney General Charlie Crist issued an opinion that law enforcement vehicles are not considered commercial vehicles.

With that said, the "analysis can be altered by the language in a particular community association’s Declaration," meaning homeowner associations can write their own rules when it comes to government vehicles, according to The Condo and HOA Law Bulletin.

The letter sent to the officer from the homeowner association refers her to look at the association's declaration which will point out that she is currently violating HOA rules. The letter was not publicized by ABC Actions News who reported on the story.

Dan Parri, a family friend of the officer who is speaking on her behalf, believes officers take home their vehicle to help improve response time as well as having a visible police car will help deter crime.

According to ABC Action News:

“Every place that I’ve ever lived, if I had a police cruiser parked next to me I felt safer,” he said.

Parri continues to argue they do not use the vehicle for profit, which the homeowners agrees with but states that it is issued by a government agency and therefore violates the rules.

"Maybe there are bad rules sometimes,” said Parri. “You don’t enforce those rules, you change those rules!”

Clearwater Police Chief Dan Slaughter released a statement defending the officer and her choice of keeping the vehicle visible.

"The actions of this association to changing the rules is disappointing to say the least. If you are going to change the rules on them, it seems logical to provide a grandfather clause that the association will honor. Not a grandfather clause they changed their mind on honoring ... The community has demanded officers be dedicated community servants and respond, day or night, to emergencies. This officer and her spouse have served her community admirably. When Irma hit our community, they put their kids on a plane to relatives because they both had to work during the storm recovery.”

Both Slaughter and Parri say they plan on trying to change the law to the point where HOA’s cannot go after first responders vehicles in residential driveways.

Comments (18)
No. 1-13
supervisionrequired
supervisionrequired

HOAs should be illegal!

XenaGuy
XenaGuy

I hate this. I find myself actually siding with a COP. This totally sucks.

Tatoo49
Tatoo49

Tow the squad car away. If it is breaking the rules, then the HOA should have the legal right to remove it. As usual, cops expect special privileges just because they are cops. Response time, my ass. She wants to use the car for personal reasons and on the citizens' dime. Cops do little for their money except to shoot and threaten unarmed citizens. No special privileges. Even the minor crimes are still criminal.

Murphychris402090
Murphychris402090

HOAs are just as corrupt as the police but once again the pigs are not above the law

Bergman
Bergman

"Maybe there are bad rules sometimes,” said Parri. “You don’t enforce those rules, you change those rules!”

I wonder — has the officer ever made an arrest for drug possession of personal use quantities?

Someofyallretarded
Someofyallretarded

Here's a "newsflash": HOA rules are not actual laws, they do not trump city laws or ordinances and are created by a board of fallible and corruptible humans with the main purpose of raising money to 'maintain' the community in which they reside. Some of yall are so angry bout cops for reasons the news and other angry people tell you to be tou forget the good that cops do. Do you think the neighbors around that cop are mad their houses are less likely to be victimized with that cruiser (which is not advertising shit btw) in the drive? She will definitely win, and yall will still be cop hatin pussies.

Againsttrolls
Againsttrolls

Wow, 6 comments of trolls who didnt read one word of the story, and one who needs to turn on spellchecker. Police cars are not considered commercial vehicles in any state of the union. They didnt break any established laws. Going back as far as 2005, the only corrupt body is the HOA and i question their judgement on this. Im with the police on this one. Its just HOA trying to fill their own pockets with B.S. rules.

Fascist Slayer
Fascist Slayer

Ha!! Ha!! LOL.. Two fascist entities going at each other. I love it.

StevenThomas1949
StevenThomas1949

The HOA would not do this unless they were clearly on Legal Ground. What goes around comes around and I hope she enjoys the arrogance of her ways! She will incurr mucho dinero in legal bills if she wants to fight this and would probably have to chip in if there is an assessment for the HOA Legal Bills, think about that. Dickless Tracy is in a lose lose situation and will be instore for some rough times. Enjoy!

E- LEGAL
E- LEGAL

That's the problem with law enforcement everywhere they think that rules and laws do not apply to them. NEWSFLASH!!! The same rules and laws the apply to private citizens apply to cop's too! #urnotspecial

Tfar
Tfar

I am very thankful for what LEO's do , but she is in violation of the HOA.. Be an example of respect for the law, not someone above the law..

Toothbrush Bandit
Toothbrush Bandit

...don't make me agree with an HOA...

Sickofthecorruption
Sickofthecorruption

Pigs think they don't have to follow the rules themselves, they feel like they make the laws, cops are scumbagd