private roads with public access

The roads in my HOA are private with public access. One resident allows his 12 YO son to drive the family car on subdivision roads. The resident says they "can do what they want" on private roads. Is this true?

Who is going to enforce the law? A Cop, good luck!

In Los Angeles. police have a written policy not to enforce, because the courts will not prosecute.

For many years, we had speeders and vehicles blowing through stop signs. Police would not get involved. Eventually, it resulted in the death of two joy riding youth, and to this day, no action has been taken. Guess you call it "your tax dollars at work".

We tried to no avail to work with local law enforcement and the courts. They said we need their signs, yet they wouldn't sell us the signs.

In March of this year, a party filed a $20M lawsuit against the City and the Association. What I have on this computer sinks both parties.

Mark

When I read the complaint I am glad I was sitting down.

After the deaths of the two youths in 2014, the Association, after lengthy consultation with two neighboring communities, installed speed bumps on their portion of the private street. There were proper signage and street markings. The bumps were placed at the two stop signs people continued to ignore.

In December of 2014, a bicyclist, not from the area, decided to race down our hill, failed to recognize the signs and street markings and at a high rate of speed, for a bicycle, decided the stop sign was for someone else. Ooops, the speed bump got in the way of their thinking and the person lost control and ended up fracturing their hip. The bicyclist is suing for his injuries, the greater portion of the suit is from his husband for loss of "love and affection".

Any lawyer that got at least a C in law school would know they have no case against the City, as they did not put up the street or its signs, did not maintain, and as I mentioned, did not enforce. The courts are now run by the County.

Here is the kicker. The families of the dead kids found out about the suit and I understand they are prepared to sue the parties they feel might be responsible for their kids deaths. They would have a strong case, IMO and therein lies the "smoking gun".

I realize this case shouldn't go anywhere, although they have REQUESTED a trial by jury.

On the otherhand the case of the two deaths will be a different story. In that case, the City has blood on their hands and there is documents to support those allegations.

ditto

? were the stop signs 'code compliant', or were they 'feel good' wooden 'pretties' ?

ABSOLUTELY YES! (but a qualified yes)
1) Is your community gated?
Yes: He can drive. Michigan law does not provide for traffic law enforcement on private roads not accessible to the public
No: Keep reading

2) Are your roads marked with signage that conforms to uniform traffic code? i.e. do you have the proper REAL signs of the right size, in the right places? Not some cute little wooden "Speed limit 22.5" sign like some places have.
No: He can drive
Yes: Keep reading

3) Does your association have an agreement with a police department to enforce Michigan traffic codes on your private street?
No: He can drive
Yes: He might not be able to drive. Check to see if your HOA has the authority to enter into such an agreement.

Note: This is MICHIGAN, where I and Charles both are. I'll dig up the Michigan Compiled Law referring to enforcement on private roads when I have a chance.

Charles F8 Michigan : good comments above. With so much left out of your scenario ( eg legal status of the HOA; any 'deemed' or other occupiers liability for your category of association/corporation/ road usage etc ) it is virtually impossible to sort out the resultant liability risks to other owners & to your association. Stopping the risky behaviour is a further issue.

Whether it is an unlicensed 12 year old or an unlicensed chicken behind the wheel, you might take a look at the following issues and more :

Is the "private road" technically owned by your association ? is it insured by that association ?

Is there a 'covenanted onto title' or a 'deemed statutory' occupiers liability as to that road ? If so, how is it distributed eg association only ? onto personal co-owners of the road jointly & severally opening the door to injured victims choosing to recover only against a co-owner with deep pockets ?

Do association by-laws address the factuals ? Is it prohibited by some provisions on title etc ? What is the expressed duty to enforce such provisions ?

Alternatively, bare unincorporated groups of voluntary users of someone's easement = a wild west of issues . .

You leave out so much that you may need to refer to a lawyer or paralegal to review the documents.

If an otherwise insurable property loss or injury occurs involving the unlicensed & uninsurable minor, there may be NO auto coverage available from the parent's insurer.

Regardless of the applicability of state law, I would expect that the HOA has the authority to enact reasonable rules and regulations pertaining to the use of the private roads owned by the association. Restricting the use of the road to licensed drivers, or perhaps referencing state law for who can legally drive what, would enable the HOA to enforce the rules and levy fines as necessary for violation of the rules. i.e. it's not a government maintained or patrolled road, it's not a government problem.

IMO:

just like a community swimming pool, if your roads are open to guests and visitors they are NOT private roads albeit they are funded by the owners

they are simply not publicly OWNED and funded

aaah, the TRUE purpose of the HOA - 'the shifting of the tax burden'

An owner's guest is a member of the public and could use said road without any ownership interest.

Just like a HOA's pool, if available to quests of members, would be licensed as a class 'whatever' public pool.

At least in NY and SC (in SC it is a class 'B', forgot what the actual 'code' is for NY).

A truly private 'anything' may only be used by the actual owners.

If a member of the driving public were to be injured because of the HOA's/Owner's negligence watch the legal sparks fly regarding code compliant signage and rules.

This is why in my HOA there is a provision in the actual Restrictions stating that only a person licensed by the state to operate a motor vehicle is allowed to operate ANY motorized vehicle.

Repeat 'any motorized vehicle' - this has been applied to golf carts, electric skate boards, etc.

If it has a motor, the operator must be state licensed to use it on our 'private' roads.

eg.
Your private home, inside your private HOA, accessed by your private roads, is STILL governed by the local code(s).

SO ARE THE ROADS

however

due to your total ignorance, you may only learn the hard way - via your wallet, should the unfortunate event occur

I will not use the word ACCIDENT as they are few and far between - remember, if it were preventable it was NOT an accident, merely negligence - we, the public, may use the term accident report, but, the officials use the term incident report.

Negligence leads to many injuries.

Accidents lead to very very few.

? Legal hairsplitting ?

Nope, merely the facts.