drama at the lake

Walt · **Posted:** Fri Apr 18, 2014 9:47 am

This could get better any of 2 ways or both)....
1) Ric moves to Texas
2) it becomes a reality show

ric · **Posted:** Fri Apr 18, 2014 10:27 am

TX H210SS wrote:

You are wrong....criminal trespass applies once you have been provided notice by means of writing, verbal, posted or implied by fencing, marking or facility type, or by type of property (such as row crops in a field)...and then travel onto property. Notice can be provided by OWNER or some authorized to act for owner (such as apartment management) and includes both single family residences and MULTI-FAMILY residences......

If in Texas they could and WOULD arrest you...place you in jail....and charge with criminal trespass, which is a class B misdemeanor....then i would attach this forum entry showing you had been provided notice....knew you had notice....and continued to travel onto property.....section 30.05 Texas Penal Code....

In Texas that off duty officer has authority to arrest you for this on site if he ses you do this....no warrant, no questions and doesn't matter if it occurs within his/her immediate area of jurisdiction.

Last I checked Texas is a State in the USA and has been since we joined the Union after being a country, which was after defeating Mexico and Santa Anna at the battle of San Jacinto.

Texas you can also shoot someone trying to steal your boat in your driveway. You can't in Florida.

NiagaraChillin · **Posted:** Fri Apr 18, 2014 2:17 pm

TX H210SS wrote:

If you are a guest of a tenant then that becomes an issue between the tenant and owner.

This is exactly right. It all depends on what the lease or rental agreement says. I know in NY, if an officer was called for something like this, he/she would say to management: "Unless the guest is breaking a law, this is a civil matter."

Trespass/Crim Trespass is when someone is unlawfully on a property, if the lease says a tenant can have guests in the common areas of the complex, then they are there lawfully. IF the management wants to selectively pick which guests can be there and involve the police, more than likely the guest will win that one in court. I can't imagine the police would want to get in the middle of a tenant vs management, lease battle. And if it did come to that, I'm sure ric and the others would voluntarily leave, no need for threats of arrest, boat confiscations, and jail. That's how situations escalate.

From your language TX H210SS, I take it you're a LEO. If you are, I know you've gone to plenty of these type calls. Surely you didn't haul everyone to jail over it.

I guess my whole prob with this thread is if this had been anyone else here with this dilemma, there would be no end to the positive comments and support. But because its ric, everyone is automatically assuming he is breaking the law and is wrong. Ok, you don't like his opinions on vortec engines, stereo's, or his BMW. But, if everything he says is right, how bout we give him the benefit of the doubt and offer some support?

strick · **Posted:** Fri Apr 18, 2014 6:34 pm

"Texas you can also shoot someone trying to steal your boat in your driveway. You can't in Florida."

Not so sure about that in most of Florida!!! LOL. I might just try! Give 'em hell, Ric!

TX H210SS · **Joined:** Thu May 27, 2010 9:10 am **Posts:** 1488

Florida statute is 810.09 and also says the owner of property or agent authorized to act for owner can issue trespass warning.

Do we arrest everyone who violates trespass warning on the spot....NO. they are either arrested or we file the case with District Attorney, an arrest warrant is issued and then they are arrested. If the warning is clearly posted or provided, the subject refuses to leave or returns then something has to happen otherwise it continues on and on and you have drama on the lake.

And no, citizens can't kill someone stealing a boat out of the driveway during the day. They can take reasonable action to prevent someone from stealing their property. Unless that theft or criminal mischief is occurring at night and is necessary to prevent the theft or damage. Chapter 9 penal code

But enough....do what you want, just don't whine over consequences

scotchwater · **Posted:** Sun Apr 20, 2014 12:51 pm

Quote:

And no, citizens can't kill someone stealing a boat out of the driveway during the day.

They can't??? They can here in California, and I'm pretty sure they can in Texas and Florida, too. However......without a really good lawyer they're probably going to jail!

DaleG · **Posted:** Wed Apr 23, 2014 8:56 am

posted on wrong thread -- deleted

ric · **Posted:** Wed Apr 23, 2014 9:50 am

Well. So far so good.

298VISTA2000 · **Posted:** Wed Apr 23, 2014 8:36 pm

ric wrote:

Well. So far so good.

Pray tell ric. Did someone in your group have an "accident" on a slippery spot on the pool deck? That will keep the HOA Nazis off your back for a while. :lol:

ric · **Posted:** Wed Apr 23, 2014 8:49 pm

No. I run the facebook page with over 200 followers for the lake. Put that apartment on blast and had nearly 180 views of the 200 that follow. Cop is gone. No more hassling about parking on the beach. Social media gets things done, that's why I run that page to protect the lake (and us).

The county is donating over 1000 aquatic plants, and next month we're planting them. It's a big event we do every year over 100 volunteers. I handle transport in my boat to the spots. That apartment complex is the only property on the lake that doesn't get involved and refuses any plants. I'm going to fix that this year.

Think of me how you wish, but how many of you guys get involved with your local waterway to protect boaters rights and volunteer to help the ecology.

TX H210SS · **Joined:** Thu May 27, 2010 9:10 am **Posts:** 1488

Not all boat or waterway related but...

We help with clearing old abandoned pylons at the bay...clear and burn cedar in hill country to restore natural springs...and clear accumulated silt in the llano resulting from upstream runoff that has restored those habitats...those areas are now popular fly fishing locations.

We also have installed windmills to provide fresh water supply for wildlife during two seasons of severe drought and pick up garbage on close to 5 miles of farm roads and conduct controlled grassland burns when climate permits.

ric · **Posted:** Tue Apr 29, 2014 2:50 pm

The plot thickens:

Said woman that manages the property at the apartment complex has gone off the deep end. She has now threatened to illegally trespass any guest of a tenant that visits if they park their boat on adjacent property to the apartment complex. Florida tenant laws state that the property management of an apartment complex can not trespass or kick off a guest of a paying tenant if their lease states they can have guests. Their lease states they can have two guests.

If push comes to shove I called the local police department to get a take on their stand, and they said they will not trespass anyone off the property if they are guests of a paying tenant, no matter what the property management wants. It's against the law here in FL to do so, we have some pretty good laws that are pro-tenant.

I'm in contact with the property management headquarters out of state and explained to them the situation and the threats being placed by one of their employees. They are on my side since my stand is following local and state laws, and their employee is wrong. I'll know this week if they're telling their employee to chill out or if they're going to continue to threaten against florida tenant laws.

If they do continue, I already have a cease and desist letter ready to mail. If they do continue to harass me after THAT, my lawyer said he's glad to take their money.

Side note: The land I do park my boat on is abandoned, no taxes paid for over 5 years. I'm working with a title lawyer to claim it, or to have it's ownership given back to the county. If it becomes county owned, it becomes public land and nobody could ever be denied access ever. If I own it, well.. same thing.

298VISTA2000 · **Posted:** Tue Apr 29, 2014 4:33 pm

ric wrote:

Their lease states they can have two guests.

They only allow a tenant to have two guests at a time? I sure hope you have more than one tenant you hang with at that complex because your pics typically show 4 to 5 gatecrashers, I mean guests, with you.

ric · **Posted:** Tue Apr 29, 2014 5:40 pm

298VISTA2000 wrote:

ric wrote:

Their lease states they can have two guests.

They only allow a tenant to have two guests at a time? I sure hope you have more than one tenant you hang with at that complex because your pics typically show 4 to 5 gatecrashers, I mean guests, with you.

Yes, I am an invited guest of 5 separate households at any one time.

NiagaraChillin · **Posted:** Tue Apr 29, 2014 6:29 pm

I'd tread lightly on her threats to call the police for a trespass complaint. Here's why, you called the local dept, they said you're in the right. Well the officer you talked to on the phone more than likely won't be the officer that shows up. He/she may have a different take on it and side with the manager. Like I said before, according to your comments, I believe you're in the right, but I have seen these things go ugly many times. If you're willing to fight this fight, get everything in writing, get names, dates, times you talk to people involved and have a video camera handy.

In the end, it comes down to management vs tenant vs lease details. Usually these matters are handled in a civil court, most LEO's don't want to get involved because it's such a grey area and a major PIA for them. Good luck...

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drama at the lake

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