A.T.V. on private roads

Started by PaulH4 • 6 replies • 2171 views

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PaulH4 (Colorado)
Posts: 3

Posted:

We are a Colorado HOA located in a rural setting with private roads. Lately we have experienced a problem with kids racing up and down our roads on their ATV's. These vehicles are not "street legal" on public roads. Adding to our constrenation is the fact that liability insurance is not required for un titled vehicle in Colorado. Has anyone dealt with this problem?

JanM (Texas)
Posts: 142

Posted:

We are set up the same as you are and we ammended a rule that no vehicles can be driven on roads unless they are street legal and carry insurance. So, the ATV riders started riding on other peoples open lots. We handle this problem by people reporting and we try to "catch them in action". Riding on their own property was acceptable or a place designated as the "trails".

JM2 (Oregon)
Posts: 439

Posted:

Hi Paul:

Communities with golf courses often require golf carts to have a registration tag from the HOA (with a yearly fee). You may want to consider some sort of registration required (along with a certificate of liability insurance) and require that ATV users on your private roads have a driver's license. Other than such provisions, it would make sense to require them only on private property, their own lot, trails, or some similar restricton. I'm not familiar on Colorado law, so there may be some state law that would over-ride my advice.

J. Patrick Moore, CMCA (Oregon)

PaulH4 (Colorado)
Posts: 3

Posted:

could you send the exact wording that you have incorporated into your HOA by-laws?

PaulH4 (Colorado)
Posts: 3

Posted:

could you send the exact wording that you have incorporated into your HOA by-laws?

JanM (Texas)
Posts: 142

Posted:

It's not in our by-laws but just an amended rule set forth by the board.
Our by-laws state,"No person shall drive a motor-powered, self-propelled vehicle on the streets, roads, or private ways of this subdivision unless such person shall have a valid operator's license or permit issued to him as defined by the laws of the state of Texas. Such operator must also be able to produce evidence of financial rsponsibility in accordance with the laws of the state of Texas". In other words, street legal, insurance and DL.

GloriaM (North Carolina)
Posts: 829

Posted:

Paul:

Also if the roads are private, then the HOA could impose restrictions on your private roads.

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