Gated Communities and the FL law

[Eddie Haskell]

Can anyone explain the significance of the gated community in this case? Are their special considerations granted in protecting a gated community that aren't in effect for the ordinary homeowner? I'm just trying to understand why the media is emphasizing the gated aspect of the case.

[CakeGrrl]

1. Trying to give Zimmerman cover?

Trying to paint him as a Neighborhood Watch do-gooder who was only doing what he thought was right to protect this "gated" community?

My guess.

[Eddie Haskell]

2. Maybe

If it is gated, is the entire neighborhood then able to be protected by anyone who lives there?

[CreekDog]

8. Protected from what?

How would anybody even know that he wasn't living there?

[Eddie Haskell]

16. Protected from intrusion.

In other words, the entire community is private property. That's all.

[loyalsister]

3. Gated communities are often very wealthy territories

Thus there are commonly a significant majority of whites. There are a couple of possibilities - suggesting that Zimmermon probably didn't believe Trayvon's mom could possibly live there or, it may be that they are pointing out that he was breaking the dastardly "rules."

"Is it a gun? Is it a knife? Is it a wallet? This is your life."

&feature=related

[Incitatus]

5. Sometimes, but these were just townhomes.

There are gated communities with million dollar homes, then there are neighborhoods where the developer builds regular homes and puts up a gate and charges a premium. These town homes start at 227K for a 2 bed 2 1/2 bath. http://www.407re.com/RetreatatTwinLakes
You can find a much nicer home in the area for that amount.

[FarCenter]

6. They go for $95 K to $120 K

See http://www.rprealty.com/subd.cfm?subd=1111 for four current listings.

It appears to be a troubled place. In 13 months there were over 400 calls to 911. Of course, 10% of the calls were from Zimmerman. But even so, that seems like a lot of 911 calls for a small complex.

[Edweird]

9. That's not at all true in Florida.

[loyalsister]

11. It is in MO

and other places that get national news.

[Edweird]

17. Ok. I don't know about MO. I don't live there. I am, however, a Florida resident.

Florida happens to be the topic.

[loyalsister]

19. I understood a media question

"I'm just trying to understand why the media is emphasizing the gated aspect of the case."

My assertion is that the national media associates "gated community" with at least some degree of affluence, which very relevant to this case in terms of consideration of the "Black male code." It lies at the heart of a valid concern.

[X_Digger]

4. Nope, nothing significant from a legal perspective.

It's not like a compound, where everything is private property.

I think the media is using any salacious tidbit it can, frankly.

[quaker bill]

7. All rumors to the contrary, yes there is a difference

Gated communities in FL and in Seminole County, are different. Unlike ungated communities, all property behind the gate is private property, to include the streets and sidewalks. The streets were not built by Government, and are not maintained by Government, it is part of the price of the property in most cases, however in some cases they are built using tax exempt bonds issued by private quasi-governmental Community Development Districts.

In ungated communities the roads are dedicated as ingress/egress easements to the "public", so anyone has the right to be on the steets and sidewalks. This is not the case in gated communities where the streets and sidewalks are dedicated as ingress/egress easements to the "association". (homeowners or property owners Assn)

The punchline is that all the land behind the gate is private property and therefore anyone who is not there as a resident or the guest of a resident can be trespassed off of the property. Even I, as a government agent, must be there with either permission or a warrant.

This however does not provide a "shoot to kill" authorization. This status allows the security guard to call the police on someone for simply walking on the property without permission. Had it stopped there, all things would be legal, Trayvon would be alive, and we would not be talking about this.

[saras]

12. Except that there was no security guard, and no event to call for one...

... walking out of a store with snacks is not presumptive evidence of trespassing, and a private citizen (which is all Zimmerman ever was) accosting another private citizen with "hey, you, prove you live here" can reasonably be met with "fuck off, idiot. If there's a crime, call the police." And it doesn't matter a flying fuck whether it's a gated community or not.

Zimmerman, if he had been someone who deserved to be ALLOWED to call himself Neighborhood Watch, could have approached Trayvon, out of his car and with no weapon, and say politely "You look like you may be lost. Can I help you find someone or something? I'm with Neighborhood Watch, by the way," At which point Trayvon could tell him where he was trying to get to, and Zimmerman could explain the street system, give him a ride home, AND learn more about what he's doing in the neighborhood.

THAT would have been a good place for this to stop.

Zimmerman's hostility was the problem, his racism was the direction he chose to express it, and the "neighborhood security" was the excuse. As a number of right-wing "stand your ground" proponents have pointed out, there is NO reasonable definition of "stand your ground" that would include this case, or one resembling it.

[quaker bill]

13. I don't disagree

I was just answering the question. The most that was warranted as a response was a call to the police department, and that is generally what the professional security folks do when they are hired to operate the gate.

Like it or not, just being on the property, any portion of the property within a gated community when not an owner or guest of an owner is tresspassing. Unless a tresspass warning has been issued to the individual for a previous infraction, the police will escort the individual off the property and serve them a warning to not return. If a person has previously been warned, they will be arrested.

Police do not fire on tresspassers, unless the tresspasser pulls a weapon and attempts to resist arrest.

[Eddie Haskell]

15. Agreed.

But in this case, the police do seem to be using the law as a shield for their own racist attitude.

[Eddie Haskell]

14. Thanks, I didn't know that.

That's exactly what I wanted to know.

[Edweird]

18. Not everything behind a gate or barrier is private property. There are plenty of blocked off public

roads and sidewalks. It's mostly in Miami (how I hate Miami!) but I've seen it as far north as central Palm Beach County.

[quaker bill]

20. True

I was speaking specifically in terms of gated communities in Seminole County (Sanford is in Seminole). I have specific local knowledge of this, because I actually review the CCR documents for regulatory sufficiency. I am sure they do things differently in Miami.

[njdawn]

22. question

Wondering if you can prosecute or cite folks using other people's codes to get into a gated community just to drop-off and pick-up their kids from school? My community happens to have a direct walking path to a school. Non residents find it easier to cut thru my community causing traffic congestion, broken sprinkler heads from golf carts, torn up sod, harassing residents by giving them the finger, sticking their tongues out, honking etc. We as a community have tried signs saying it's a private community not a drop off/pick up area, use the school car loop. But it doesn't matter. Residents are taking photos and video of the trespassing and damage but the cops don't want to step in and the HOA doesn't know what to do either. We have a sign that clearly states "Private community, no trespassing, no soliciting". Had a cop come in asking if they are a resident, the non-residents say no, they are "invited guests" and then go on to get their kids. The non residents have harassed the residents on facebook and when they come into our community. Now I am having beer bottles smashed in my driveway. I have filed complaint after complaint. I have even had a car and golf cart come at me thru the exit gate as I am exiting just so the non residents can get their kids to our walking path. They will do anything to get in here. We have the pedestrian side gates broken weekly by golf carts. What can be done to the non residents clearly coming in only using my community as a school drop off/pick up point? and harassing the residents? anything? TY

[cherokeeprogressive]

10. I think "gated" is being emphasized because the main$tream media has a vested interest

in stirring shit. "Gated" gives the story a flavor of the 1% vs the 99%. It stokes the fires. Sells the newspapers. Gets hits for the websites. What do both of those things do?

They sell advertising.

[JHB]

21. Maybe because it has gates at the entrances?

You can look the place up and look at in via Google Maps. It's a townhome development with a fence around it and automated metal gates at the two places where you can drive in and out.

Not to mention, that's what the realtor calls it:

A gated community conveniently located near shopping, restaurants, schools and major roads and highways. Two story units featuring 2 and 3 bedrooms, 2.5 baths and a 1 car garage.

http://www.407re.com/RetreatatTwinLakes

In general usage, that's sufficient for calling it a gated community.