Introduction to the Dispute
A heated confrontation in Orlando over an FHP patrol car’s parking space has moved beyond the usual tension between residents and homeowner associations — it’s become a test case for a state law giving first responders a sweeping exemption from HOA rules.
Florida Highway Patrol trooper Eduardo Hernandez said he was told when he rented his home that he could park his cruiser in the guest parking at the Carter Glen neighborhood clubhouse. But then the homeowners association disagreed, saying the rules prohibited him from parking it there overnight.
The Confrontation Escalates
Hernandez appears to have made matters worse by confronting a security guard in a manner that HOA officers interpreted as aggressive – running across the street and yelling in the guard’s face when she tried to place a warning tag on his vehicle – leading the HOA to debate whether his lease should be revoked.
“It wasn’t great that he yelled at our security officer,” said Sarah Morgan, vice president of the homeowners association. “He has been aggressive and loud objecting to having notices put on his squad car.”
Understanding the HOA Rules
The HOA’s rule prohibits residents from parking anywhere other than in their garage or driveway, Morgan said. It also bars guests from parking overnight without a permit, or in guest parking for more than five days in a row. A warning notice and parking rules were placed on the windshield of Trooper Eduardo Hernandez’s patrol car two weeks ago after he’d been warned about parking his vehicle overnight in guest parking, which is against association rules but preempted by state law.
State Law Preemption
But Hernandez countered that a state law signed by Gov. Ron DeSantis in 2020 says HOAs may not prohibit first responders from parking their clearly marked vehicle wherever parking is allowed within the community. That exemption includes owners, tenants, and guests. Law enforcement officers and other first responders are sometimes required to take their assigned vehicles home with them so they are ready to respond to an emergency call at a moment’s notice.
Legal Interpretation
An advisory opinion of the Florida Attorney General said the statute preempts existing HOA rules, an interpretation echoed by Becker & Poliakoff, a Fort Lauderdale-based law firm that specializes in condominium and HOA law. Morgan said she was unfamiliar with the law when Hernandez brought it up but immediately sought the opinion of the HOA’s lawyers.
Impact on the Community
Having to revise the parking rule to make exceptions for law enforcement could further limit the number of guest spots available at Carter Glen, which only has 30 guest spots to begin with, Morgan said. “I don’t need this,” she said. “I am getting calls every day from other residents asking why they can’t park there and (Hernandez) can. Everyone says it’s unfair to them and I don’t want to make enemies with anyone.”
The Trooper’s Dilemma
Hernandez said his leasing agent assured him that he would have “no worries” about the patrol car, saying he could park his fully-marked, FHP-issued black-and-tan Dodge Charger in the guest parking of the community’s clubhouse, just a short walk from the condo he was renting. He said he had to park the patrol car there because his garage was full with his motorcycle and other belongings, and the driveway only had room for his personal vehicle.
Conclusion
The dispute between Trooper Eduardo Hernandez and the Carter Glen homeowners association has highlighted the tension between state laws protecting first responders and HOA rules. As the situation continues to unfold, it remains to be seen how the HOA will respond to the state law preemption and whether Hernandez will be allowed to continue parking his patrol car in the guest parking area.
FAQs
Q: What is the state law that exempts first responders from HOA parking rules?
A: The state law, signed by Gov. Ron DeSantis in 2020, says HOAs may not prohibit first responders from parking their clearly marked vehicle wherever parking is allowed within the community.
Q: Why did the HOA disagree with Trooper Hernandez’s parking arrangement?
A: The HOA disagreed because their rules prohibit residents from parking anywhere other than in their garage or driveway, and guests from parking overnight without a permit.
Q: What was the outcome of the confrontation between Trooper Hernandez and the security guard?
A: The confrontation led the HOA to debate whether Hernandez’s lease should be revoked, and he was threatened with a $100 fine for each violation.
Q: Is the Fraternal Order of Police involved in the dispute?
A: Yes, the Fraternal Order of Police is reviewing the matter, and Hernandez’s supervisor and FOP steward Spencer Ross are involved.
Q: What is the current status of the dispute?
A: The HOA is waiting for their lawyers to advise them on what action to take next, and Hernandez is considering his options, including moving out of the community.
