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MikeS1
Posts: 521
Posted:
Our guidelines do not currently address this issue.

We are a small community of 311 townhomes where the streets are all private and the community is very kid friendly. But lately, with the advent of new technologies and improvements in hybrids as well as batteries, we seem to be inundated with electric scooters and toy ATVs that are zipping around the streets and parking lot like bees. The are also driving them up and down turf areas where they have hills that they go up an down on. They have worn a trail in the grass down to the dirt where they frequently ride them. Hills that are at 100% grade or 45% are no problem for them. In the past, these things were slow and the battery did not last long. Now it seems that every kid has one and the parking loop on some streets is like Indy 500. Some of them like the ATVs from Target are noisy also.

We previously had kids on bicycles and self propelled scooters (razors) and everyone looked out for the kids. Now these devices are really fast and the batteries last about an hour. Yes, we've had close calls, so we're concerned for the kids. The kids are just to brave and not car-savy. Sometimes a parent will be out watching for them, but not usually.

The kids are great and although they need a place to play, I'm just concerned that someone is going to get hurt.

Since the proliferation of these devices, I'm just wondering if any of you all have seen this trend? Is there anything in your guidelines or docs that addresses this issue?

PitA1
Posts: 222
Posted:
make a BOD resolution (a/k/a rule):

No one other than a licensed operator may drive a motorized vehicle of any type upon the streets of XYZ HOA.

this is actually in our covenants but a rule could be made as the BOD 'governs'
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Although I'm not against children playing,....... playing in the street should be a NO. Parents should be punished. I would push for a city wide regulation rather than a HOA regulation.

http://articles.baltimoresun.com/2004-08-15/news/0408150349_1_motorized-scooters-carroll-county-miniature-vehicles

http://www.chron.com/news/houston-texas/article/City-bans-minors-from-riding-motorized-scooters-1487360.php
MikeS1
Posts: 521
Posted:
Thanks Steve and Pita - I'm sure that we'll adopt something. Steve - Thanks for the articles that you sent. Your articles tend to address pocket rockets and other non-electric motorized vehicles. The focus here is now electric vehicles and I suppose the same rules for gas motorized rules should follow. I've seen a lot of these electric vehicles that crawl about 2-3 MPH, but some of these new ones are very fast. If you read about some of the specs on these new electric devices, it's going to surprise you. One of these is good for speeds from 9-6 MPH, the battery can last up to 6 hours and they can easily cost between $250-$600. check out some of the links.

http://www.amazon.com/s/?ie=UTF8&keywords=kids+electric+atv&tag=googhydr-20&index=aps&hvadid=37350403985&hvpos=1t1&hvexid=&hvnetw=g&hvrand=1299772733211875531&hvp&hvptwo=&hvqmt=b&hvdev=c&ref=pd_sl_9opb1vl7zh_b

http://www.amazon.com/Razor-E300-Electric-Scooter-Blue/dp/B000FK8IIG

https://www.google.com/search?q=electric+kids+scooters+and+rvs&sourceid=ie7&rls=com.microsoft:en-US:IE-Address&ie=&oe=&gws_rd=ssl

http://www.rakuten.com/prod/razor-dirt-rocket-mx350/210673008.html?sellerid=38823854&scid=pla_google_ShopEddies&adid=18183&gclid=CMyBqaX7iL8CFabm7AodAjkAdw

Note also, We have installed an additional stop sign and stop bar as well as other "Children at Play" signs and speed hump. Still I fear that someone is going to get hit.

I agree, that the streets are not where the kids should play, but we've all been there as kids. Thank again.

GlenL (Ohio)
Posts: 5,491
Posted:
Mike for the love of God, whatever the Board decides to do, leave the word children out of it. For instance, you can ban bicycles but you can't ban children riding bicycles. To do so invites the wrath of the FHA as children are a protected class.

Studies show that 5 out of 4 people have problems with fractions
PitA1
Posts: 222
Posted:
to repeat:

make a BOD resolution (a/k/a rule):

"No one other than a licensed operator may drive a motorized vehicle of any type upon the streets of XYZ HOA."

this is actually in our covenants but a rule could be made as the BOD 'governs'

? why not keep it simple ?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Mike,

As you know, the Board has the authority to adopt rules for the common areas. Therefore, the issue is what rule to write.

Personally, I'd be more concerned of the vehicles tearing up the turf than having them on paved surfaces.

Our Declaration already provides for holding members responsible to the common area for any activity that damages the common area. Therefore, as when we had children overusing the common areas and causing bare spots, we simply pointed to that section in our newsletter.

As for using the ATVs on the streets, banning them will of course then have them be used on the sidewalks which causes potential issues for pedestrians. Johns suggestion of only licensed drivers can aid in reducing liability to the Association but, realistically, is the Association really going to enforce the rule.

You may simply want to try an approach of a safety campaign on the issue first. Identifying the Boards understanding of children wanting to be children but that the unsupervised use of those vehicles are causing damage to the turf areas and a hazard to drivers and the operator of the vehicle being used in the streets. Then explain that the Board is considering adopting the rule John suggested but would like membership feedback with alternative solutions.

See what happens.
PitA1
Posts: 222
Posted:
oops ... my HOA does not have sidewalks except at the clubhouse

make the rule:

"No one other than a licensed operator may drive a motorized vehicle of any type upon the streets of XYZ HOA; nor may any vehicle (motorized or not) of any type be operated upon a sidewalk."

This is comparable to municipal regulation worldwide.
MikeS1
Posts: 521
Posted:
Thanks - Tim and Pit - Great advice.

It does sounds like some of you all have not seen some of the $500 electric toys in your neighborhood. They are coming.

Let's close this out. Thank you.
PitA1
Posts: 222
Posted:
the electric 'toys' to which you refer are, in fact, motorized vehicles

we used the above mentioned covenant restriction to prevent teens from riding their electric scooters in our streets

we had no problem with the ban

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