Opinions on HOA liabilty

I rarely iniate threads here but thought I would solicit opinions for some 'detached' perspective.

First a brief background:

Or association's streets are private. We have a main road (dead end to a culdesac) and two side streets also deadend-ing to culdesacs. Thus there is only one entrance/exit which have single arm gates in each direction separated by a small median island to contain the entry control box and the arm actuators.

Upon completion of the 98 home community 10 yrs ago we had two stop signs at each of the side streets entry ONLY to the main road. It basically looked like this:

X X
| |
| |
|stop |stop
X--------------------------------Enter/Exit gates

Originally the local PD was contracted to patrol the HOA for speeders and sign runners IF they were in the area on patrol BUT [basically] ONLY if they were already here. No one has ever been issued a ticket for antyhing.

Recently the HOA added 4 stop signs on the main road at the approach to the side streets in both directions so we now have six signs.

I contacted the PD and they said the contract was/is voided if any additional traffic control devices were added during the contract period. Thus the contract is now voided.

Additionally, and possibly most importantly, unlike the 2 original signs, the 4 new signs cannot be recognized beacause of improper installation meaning not Florida DOT approved due to lack of traffic study, city engineering review, planning dept. approval, etc.

Obviously the HOA has no traffic enforcement authority (can't 'pull you over', write tickets, etc.).

So my question is: what HOA liability issues (if any) do you see with this scenario should an accident occur or a person be struck as a result of some members disregarding these signs because they are effectively meaningless and others (guests) counting on them to protect them because they assume they are real sort-of-speak?

Thanks in advance.

In an accident the injured party will always look for "deep pockets." No matter whether your HOA did right or did wrong, sooner or later you will get sued. As is often pointed out on this forum, anyone can sue anyone else for anything, but getting a judgment is a whole other issue.

Despite all the problems with the sign installations, I cannot see how the HOA would be legally liable if the vehicles are not owned by the HOA and not operated by HOA employees. Drivers are always responsible for the safe operation of their vehicles.

I am assuming that the signs are of proper size, shape, and color, installed at the same height and the same distance from the curbs that state/county/city regulations require. If that's the case I would not sweat it.

Peter

As others have said.

I would believe as the roads are private, the association could install their own traffic control signs, devices, etc.

As far as the signs go, I believe it would be wise that they conform to Florida DOT size, shape, color, installation, etc. and if so then I would see no liability issues for the HOA.