HOA creates rule exempting some state traffic laws

Started by BobS19 • 7 replies • 1254 views

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BobS19 (Florida)
Posts: 2

Posted:

Our HOA created a special rule that carved out an exception for a specific state traffuc law that prohibits jogging, running, roller skating,pedestrian traffic etc on streets where sidewalks exist.

This new rule allows and encourages people to run and roller skate in the middle of the HOA streets, creating an unsafe condition. Question. Does the HOA take any liability for accidents that mnay occur as a reuslt of this rule exception, and should the HOA notify its liability carrier of this additional risk?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Bob

I believe if the streets are private, the HOA can do it. If the streets are pubic, they cannot override a law.

BobS19 (Florida)
Posts: 2

Posted:

Thanks John, yes they can, but the quesiotn is about the increased liability that may arise and its impact on the cost of HOA insurance, or, insurability. after an indident?

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By BobS19 on 09/07/2012 1:48 PM
Thanks John, yes they can, but the quesiotn is about the increased liability that may arise and its impact on the cost of HOA insurance, or, insurability. after an indident?

I assume by your answer that your streets are private. If your streets are public, as John said, no private entity (such as your HOA) has any authority to override a federal, sate, or local law. Even clauses in contracts between private individuals that violate the law cannot be enforced.

As far as insurance goes, if your streets are public and your HOA's rules are contrary to law, forget increased liability, your insurance won't even cover you.

Of course, your HOA can always learn the hard way.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By BobS19 on 09/07/2012 1:38 PM
This new rule allows and encourages people to run and roller skate in the middle of the HOA streets, creating an unsafe condition. Question. Does the HOA take any liability for accidents that mnay occur as a reuslt of this rule exception, and should the HOA notify its liability carrier of this additional risk?

Anyone can name the HOA in a lawsuit. The real question would the HOA be liable?

Probably not. A person who jogs or roller skates on a road where cars are present assumes a risk, whether the rules authorize it or not. Unless an accident involves an HOA employee and/or an HOA vehicle, the HOA would not likely be held liable.

JayP3 (Florida)
Posts: 154

Posted:

How does a rule encourage this?

What is the penalty for not complying?

A driver is always responsible for the safe operation of his/her vehicle. Just because someone is in the [private?] street does not automatically exonerate the driver.

A child chasing a ball is a different secnario than a group of cyclists visible 50 yds. ahead.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Bob

Upon further thought, I would say do not make a rule. Just let it happen. If no rule, no responsibilty.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

In our area you can NOT bicycle on sidewalks. You can only bike on the street. That is the state law and city. Are you sure what your local laws are? We are not allowed to use motorized vehicles, skateboards, and other types of travel but walking/jogging on sidewalks. It sounds like common sense but there are reasons...

Former HOA President

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