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Old 12-06-2021, 07:04 AM
rustyp rustyp is offline
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Quote:
Originally Posted by OrangeBlossomBaby View Post
Yes, you have the right to a public trial without unnecessary delay, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

You have these rights when you are brought up in criminal charges in a court of law.

These rights don't extend to rule violations in a deed-restricted community.
Quote:
Originally Posted by Retiring View Post
I was wondering how long it would take till someone mentioned the 6th Amendment. I understand what the OP is saying. We do have a constitutional right to know our accusers but that’s for court. Sitting in one’s living room calling a complaint line doesn’t constitute a court of law. IMO. If there is a lawyer on this thread, please jump in.

I’ve lived in gated communities since I was a child and I’m 59 now. There is ALWAYS someone that feels he/she must keep everyone in line. In one community, there was someone that would walk around the neighborhood and measure length of grass blades. I once got a letter saying my grass was 3.75in when the rules state 2.5 – 3.5. I asked the HOA to come to my house and prove it or remove the letter from my file. They removed the letter.

<<. The Sixth Amendment to the U.S. Constitution: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. >>

As OBB posted earlier a deed violation is not a criminal offense. The most severe penalty most likely is a lien put on your property if you don't pay a fine. On the other hand it is a criminal offense if/when neighbors get to extreme harassment. That can get a person jail time.