New Info - Sep 16, 2009


I've also contacted the Sheriff's office and they have confirmed my opinion, I quote: As to the question of the Carolina Lakes Homeowners Association Rules and the involvement of the Harnett County Sheriff’s Office and our enforcement of said rules. The Homeowners rules and the NCDMV Statutes are two separate things enforced by two different entities. The Harnett County Sheriff does not and will not be involved in the enforcement of any type of Homeowners Rules. We as a law enforcement agency are only concerned with NCDMV Chapter 20 violations or any other criminal matter. Any Homeowner infraction, violation fine or other penalty will be solely the responsibility of the Homeowners Association and not be addressed by our agency."

I also emailed the manufacturer of the RADAR unit we use and asked about it accuracy when targeting vehicles. The reply: This unit operates under the same microwave KA band principles and is very accurate for vehicle use for several thousand feet range." They added they could "certify" it's accuracy for a fee of $90 if needed.

So bottom line is - the decision to stop using RADAR and enforcing our "rule" against speeding is not founded on fact. Enforcement of our rules has nothing to do with Chapter 20, it is purely an internal POA activity and the equipment we use is more than adequate for the purpose.

OK - So the bottom line up front - Some of our residents ( about 3 ) are trying to find any means possible to shirk their responsibilities as mature adults by finding loop holes in our ability to control speeding within our community. They won't step forward as adults and say, yes you caught me, I'll pay the fine and learn from my mistake, help keep the community safe and try to not break the rules again. Instead, they have tried to attack the tools the POA can use to protect our children, property and citizens who regularly use our roadways. Speeding is a major concern, for walking children,  children riding bikes, adults walking or running along our roadways and the large amount of very dangerous NSRV traffic. Especially slow and cumbersome golf cart's driven by unlicensed drivers.

So what is their argument NOW. RADAR. They say the hired security guards and security committee members cannot use a RADAR Speed Measuring Device (RSMD) to detect speeders. This is completely wrong, but unfortunately our current board does not have the power to logically argue the communities point, so I'll see if I can help by shedding some logic on the arguments.

Fact, RSMD's are extremely accurate, easy to use and on our narrow streets where vehicles are within hundreds of feet of the RSMD when detected, undisputable. This is why our habitual speeders are attacking it's use. They cannot argue against it's findings and therefore cannot get out of paying a fine. This is why they feel the need to dissuade the community from using them to protect ourselves and our property.

Now for the root of the current argument. I say current because when I was on the board, and director of security (for about 8 years) I continually countered many arguments people had against using RSMD's. Because the law is behind public safety, the POA is responsible for the use of it's property and the argument provided for their use were always logical and based on fact, the community has successfully used these devices for about 10 years now.

Background: Many years ago we had a law passed in the state of North Carolina (HB601 SL205-260 Carolina Lakes Motor Vehicle Regulation) which basically states: Law enforcement agencies can enforce Statute 20 (motor vehicle operations) on the roads within Carolina Lakes even through they are private. The bill was very specific in saying the POA still controls the roads in every way except one. We cannot change any speed limits, the Harnett County Board of Commissioners have that authority. Here are the 3 sections which are the basics of the law.

SECTION 1.  With the exception of any provisions prohibiting or regulating the operation of private golf carts, all‑terrain vehicles, off‑road motorcycles, and go‑carts, the provisions of Chapter 20 of the General Statutes relating to the use of the highways of the State and the operation of motor vehicles are applicable (are applicable, it does not say no other rules may be applied) to the streets, roadways, and alleys on the properties owned by or under the control of the Carolina Lakes Property Owners' Association, Inc., or the members of the Carolina Lakes Property Owners' Association, Inc.  For purposes of this act, streets, roadways, and alleys in the Carolina Lakes Community shall have the same meaning as highways and public vehicular areas pursuant to G.S. 20‑4.01.

SECTION 2.  This section is enforceable by any law enforcement officer acting within his territorial jurisdiction. (The section is, not this section can only be used by. This is why we can still enforce our rules, while law enforcement can use this bill to apply Chapter 20.)

SECTION 3.  This act shall not be construed as in any way interfering with the ownership and control of the streets, roadways, and alleys of the Carolina Lakes Property Owners' Association, Inc., or its members as is now vested by law (this is where it says we can still enforce our rules) in that association or its members. The speed limits within the Carolina Lakes Community shall be the same as those in effect at the time of ratification of this act.  Any proposed change in the speed limit shall be submitted to and approved by the Board of Commissioners of Harnett County. Pursuant to G.S. 20‑141, the Harnett County Board of Commissioners may authorize by ordinance higher or lower speeds.

So, as you can read, no where does it say the CLPOA cannot enforce it's rules, simply because law enforcement personnel "can" use Chapter 20 to write citations.

Now since that is clear, lets explore the next argument. That is, the NC court system requires the RADAR guns used as evidence in NC Courts,  be certified accurate, and the individual law enforcement official using it must be certified to use it. Well hello, we are not taking violation of our community code to a court of law, we are taking them to the CLPOA Judicial Committee. NO certification is required, we simply must show the Judicial Committee that the system we are using is accurate. This has been done in the past, and the method we used surpassed what most state courts require. Most state court system require a device be calibrated against a tuning fork within the range of the violation. Well during the last time I checked the CLPOA RADAR gun we not only did that, but went a step further by actually using it on a vehicle, while monitoring not only the vehicles speedometer, but dual GPS receivers. All 3 were in sync and validated the reading the security guard was obtaining on the RADAR gun. The device we use is accurate to a tenth of a mile per hour.  (See specs on our unit.)

This is in fact why the habitual speeders are trying to dissuade the POA from using the RADAR gun because - they know it is extremely accurate and therefore they cannot argue against receiving a fine.

When I questioned the current Director leading Security he emailed back: (Comment in red.)

John, according to the sheriff (deputy) when we use radar, we are enforcing statute 20 (motor vehicle) laws. The reasoning is in section 2 of HB 601. (I explaind this above, Section 2 only says they can use it, it does not say we cannot.) We cannot enforce any statute 20 laws (I explained, we are not enforcing Chapter 20) while other gated communities can. I also checked and the only way we can fine the people is to have the sheriff deputies cite them and when they plead or are found guilty, they are also guilty of violating our community codes. (Very wrong, sounds like double jeopardy.) I applied for $80.00 per week to hire a rotating deputy to patrol in here but was turned down by the BOD. I intend to continue bring that motion up every BOD meeting until it is passed. (Would still not be enough to handle our problem.)

Well a couple points here. A deputy sheriff is not a legal authority, he/she is on the enforcement end. When asked, he/she was not answering the correct question. What he/she was asked is "Can the POA enforce Chapter 20 infractions. Well that is the wrong question and the answer is obviously, no. BUT our security guards and committee are not enforcing Chapter 20, because they are not law enforcement. What they are doing is enforcing our POA Community Codes which they have full legal right under NC State law to do. What they are talking about in other gated communities where "security personnel" enforces Chapter 20. In this case they are privately hired law enforcement personnel. They have law enforcement authority in the state of North Carolina which is a different animal altogether.

Another reason the deputy "might" want to emphasis his/her "opinion" that we cannot enforce speeding, is he/she can get paid by the POA to do it for us during his/her off duty time. Extra income is always a good motivator.

Why is this important, because speeding is a MAJOR problem and the Harnett County Sheriff's department cannot provide enough time to help us. If the Security guards and committee stop using RADAR their only alternative is to use a much more dangerous and much less accurate method of chasing down speeders. So instead of a highly accurate, stationary RADAR position, you now have 2 vehicles speeding. Double the hazard and double the safety worries to our children, runners, walkers, babies in strollers and other drivers.

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