SPEEDING TICKETS

QUESTION: Can associations enforce a 5 mph speed limit on HOA property? People seem to fly down the street at excessive speeds regardless of the speed bumps or warning signs. If the board has a license plate number, could they issue a warning or fine?

ANSWER: Yes, associations can fine for speeding and reckless driving. Associations have the authority to make and enforce rules for common area use. If the association receives information about speeding or other violations, it should investigate and determine whether a violation occurred.

Before the association can impose penalties, the accused is entitled to due process, which means notice and a hearing where the owner can offer his/her version of the events. Since homeowners are entitled to challenge information about the violation, the board cannot rely on anonymous reports.

Finally, the speed limits must be reasonable. Adopting a speed limit of 5 mph for streets would likely be unenforceable as unreasonable but might be suitable for alleyways.

Updated by ADAMS KESSLER 7/28/2008