Our legal rights in a gated community

[Stupid]

In the face of Zimmerman's case, our community still wants to set up neighborhood watch. I would like to know what our legal rights are ina gated community. As a Joe resident, can I question any stranger I see and ask him or her to leave if they refuse to answer questions or show proof of residency? If I call police on the stranger, would police come and arrest the person for trespassing?

I stress that I do not imply I should try to remove them if they refuse to leave.

[Teamless]

on a HOA Neighborhood Watch group, I think it is simple

Watch and Report - DO NOT INTERFERE unless it is with your personal property.
Make a good witness, not a victim or "alleged" criminal

[Stupid]

Within a gated community, isn't the stranger already on my personal property since I and others collectively own it?

[WildBill]

Within a gated community, isn't the stranger already on my personal property since I and others collectively own it?

Nope. It's not the same as in your house or backyard, etc.

If you don't believe me, try selling some of your property.

As a Joe resident, can I question any stranger I see and ask him or her to leave if they refuse to answer questions or show proof of residency?

As a Joe non-resident, I can question any stranger and ask them to leave. I don't think I would have more or less legal right than you.

[Beiruty]

In the face of Zimmerman's case, our community still wants to set up neighborhood watch. I would like to know what our legal rights are ina gated community. As a Joe resident, can I question any stranger I see and ask him or her to leave if they refuse to answer questions or show proof of residency? If I call police on the stranger, would police come and arrest the person for trespassing?

Did you attend your local police Academy? if not do so, or go to your local PD and have a meeting with your local beat supervisor and get it sorted out with them.


Don't be GZ or if you do so you would be in his shoes.

[SRH78]

It is not a wise decision but sure, you can ask. They have the right to disregard you and ask to be left alone. IF you plan to do this, which I don't suggest, at the very least study up on what exactly constitutes harassment or stalking.

[smoothoperator]

Within a gated community, isn't the stranger already on my personal property since I and others collectively own it?

It's not your personal property but if they're on private streets (owned by the HOA who pays property taxes for the land) then a non-resident is trespassing unless they're a guest of a resident.

You don't have to give them oral notice if there's "fencing or other enclosure obviously designed to exclude intruders" around the gated community. Or other notice like the purple paint on my property. Go straight to calling 911 to report the trespasser.

[Stupid]

Within a gated community, isn't the stranger already on my personal property since I and others collectively own it?

Nope. It's not the same as in your house or backyard, etc.

If you don't believe me, try selling some of your property.

Selling is a different thing.

[Beiruty]

Your answer: Call 911 and report what you see.

[SRH78]

Your answer: Call 911 and report what you see.

This would be the wise thing to do.

[flb_78]

I would have the non-emergency number saved for instances such as this instead of calling 911.

[gdanaher]

Carefully read the language of the documents your HOA wants to implement with regard to a neighborhood watch program. Run it past the local police authorities, run it past your personal attorney, not the attorney hired by the HOA, and look at it from your perspective as a CHL holder who does not want to take a ride. Always have a means to record license plates and jot down physical descriptions of suspects. Walk the dog, armed, but be ready to call the local guys and report what you see.

[mamabearCali]

I won't join a NW for the very reason that they want a person to be disarmed when on watch. If, heaven forbid, I should ever have to use my weapon I don't want anyone to be able to misconstrue that I was "on watch" and had thus agreed to be disarmed.

However if I see something suspicious you can bet I will be sure to stay in my house/car and stay on the line with 9-11.

[Beiruty]

Good thing, if newbie CHLer had a good instructor, he/she will be able to know when drawing and engaging is warranted and called for. That is more true in defense of others.

[Stupid]

I know what is a wise thing to do.

I am asking what my legal rights are.