Speeding Violation and Lawsuit

We live in a 150 unit single family residential complex in CA that has HOA. The HOA has a "parking committee" of 4 volunteers that enforces parking rules. In April 2018, the parking committee suddenly started issuing speeding violations without providing any information as to which car was involved, time of violation and speed at the time of violation. I was told by the HOA manager (a professional company) that almost everyone was getting these violation notices and I shouldn't be worried. In August and September we got two more violation notices which resulted in a hearing and a $50 fine.

We are not worried about the monetary amount, but the fact that parking committee members have powers to issue such violations without providing a shred of evidence is disturbing. Especially since the distance between my house and the association exit is only 500ft and we drive < posted limit of 15 mph. The members do not use any device to measure speed. We suspect there's foul play involved, at least one parking committee member trying to take personal revenge, but cannot prove. HOA cites security as a justification for not providing violation details like date/time.

These actions by the board has left us disturbed, every time we drive the 500ft, we are worried that someone is spying on us and will report us without evidence.

I'd like to sue the HOA in small claims court. Thoughts? If I sue, which entity do I sue - the HOA? The Board? There's no direct communication mechanism with the board, we have to go through the HOA "management company". Kindly help.

It's possible that if you have an attorney write a letter on your behalf, specifying the concerns of zero details, that the issue might be dropped or, at least, start having details.

I expect that the roads are private.

Sue has the correct, first level question.

Start with what your docs explicitly say can be done, then assess.

If your research shows a lack of specific authority, then write your own letter to the Board, expressing your findings. Make clear your intent to continue to follow up, and ask for a letter with their position to be provided, with specific references.

Slowly, respectfully and unemotionally.

Continue to read and understand your own docs, including connected rules and regulations, the right to develop and enforce that may or may not be granted by your CCRs.

Wait a bit, then reassess. If appropriate you might consider informing the community and asking for their support .... not to allow unsafe speeds, but to demand a process, including proof of each incident, be shown.

Matt

The first thing I would demand is "proof" of the offense and I do not mean someone's opinion.

Matt,
I think all the advice clearly states that this ticket will not go very far if pressed.

If the HOA owns the roadway and really wants to crack down on speeders it is not very hard to set up cameras at fixed points in the community roadway. The last camera location needs to have 2 cameras. The first is a license plate camera that captures that information. The second is the camera that catches the car and possibly the driver. The other cameras are set at fixed distances on the roadway. It is very easy to measure how fast a car is travelling to get through those points. Speed can actually be determined by the time it takes to get between points. It can even be tested by the local PD with a radar gun from time to time. Then video proof can be sent with the violation. Without any of this in place any ticket would just be harassment IMO.

Yes, don't jump into any kind of legal action. Go to your own documents first. If your have Rules & Regs, they need to say that driving over xxx isn't permitted and violators may be fined. If you can't find such a rule, ask your PM if there's Board minutes that made that rule.

Next see what your rules or other governing doc say about hearing and fines. There's an exact procedure and due process that must be followed. Ask your PM to show you these if you can't find them. Does your PM work on your premises? Even if not, email them and ask them to show your HOA's procedures for healing and fines.

If none of that works, go to davis.stirling.com, Man Index, Fines. This site is compiled by CA HOA attorneys and A has statutes about how HOA boards can fine alleged violators.In CA.

Also go to th next open board meeting, our hOA has one a month and ask during the retired open forum where this rule is and where the procedure for fining is. In our HOA, there must be corroboration of every called violation or the board will not issue a fine.

First, words can't describe how much I appreciate the comments. I omitted some details from my earlier post for the sake of brevity. Here they are -

1. I have read the "Project Documents" - CCR, Bylaws, etc. Speeding is not mentioned anywhere, although "Parking" rules are specified. H-O-W-E-V-E-R, a section in the CCR says that violation of any local law/regulation that creates a nuisance to other owners will be treated by the association in a manner similar to violation of Project Documents as long as association complies with Notice and Hearing requirements. 15mph is a posted speed limit on a private road, hence I guess it falls under local regulation.

2. The violations were issued by a "parking committee" whose member roster is "officially" kept secret for "security" reasons. Board fined me $50 based on 3 reported violations following Notice and Hearing rules. (I could not attend the hearing due to work related engagement but provided a letter in lieu of my presence, following rules. My requests for evidence were ignored.)

3. Interestingly, theres's one rule laid out in the CCR (and Davis-Stirling) that was clearly violated - hearing decisions are supposed to be communicated to owners within 15 calendar days. Management postmarked my notice 18 days past the hearing date and I received it 22 days past!

4. Since April '18, I've had at least 10 email communications with the association management (professional organization) requesting "evidence" of violation. (Note - email is an *official* communication channel) None was produced, not even which car was involved, time of incident, let alone speed. The committee members made judgement of speed based on eyesight alone. I have strong suspicion that there's some foul-play/politics involved, but of course cannot prove!

My wife and I have clean driving records and pride ourselves on being responsible citizens. We do not think we ever broke the 15mph limit in the 500ft stretch of private road. Kindly advise -
1. Should I go to small claims court or civil court? If I do the latter, and loose, I'll have to pay the associations' lawyers' fees!
2. What exactly should I sue for in the court? Fine removal? Harrassment?

Again ask local law enforcement what the laws are for enforcing on private roads. The HOA rules can't supercede local, county, state, or federal laws. Don't guess KNOW!

If you sue your HOA, your suing yourself and your neighbors. Plus court can ONLY make you whole. So is it worth the effort? Most likely not. It's not going on your driving record is it? Most likely not.

It is not uncommon for a private neighborhood to have some sort of traffic enforcement. Quite often it is in the Covenants and by agree to the Covenants, you agree to the enforcement.

Now proofing a violation is another issue.

You can sue in superior or district to prevent the HOA from enforcing speeding rules on the manner they are doing. In most states small claims can only issue monetary awards for actual damages. Do the OP would have to contest the ticket and pay if that fails. They would then sue in small claims for all damages (chiefly the ticket) based on the lack of legal and contractual authority for the HOA to be giving out tickets.

I'm not so sure you can sue for anything other than verifiable financial damages. In anycase, what is the value of this harrassment?

https://www.courts.ca.gov/1062.htm

Matt, I'm going to echo Sheila's comments. You live in California, every board meeting is open to the owners and advance notice of meetings (and perhaps agendas) has to be communicated in advance.

A topic such as this self-enforcement speeding committee is not a topic which may be discussed in Executive Session, whatever discussion and decision making took place had to have been in a duly called meeting of the Board. Ask for the meeting minutes, if you association video tapes meetings, ask to review the tape of the meeting when the discussion took place.

Associations can impose penalties on members for driving violations of members and their guests and tenants. Associations have the authority to make and enforce rules for common area use provided the rules are reasonable. Adopting a speed limit of 5 mph for streets would likely be unenforceable as unreasonable but might be suitable for alleyways.

Due Process. If the association receives information about speeding or other violations, it should investigate and determine whether a violation occurred. Before the association can impose penalties, the accused is entitled to due process, which means notice and a hearing where the owner can offer his/her version of the events. Since homeowners are entitled to challenge information about the violation, the board cannot rely on anonymous reports.

Fines and Suspensions. The penalties imposed on those who violate the association's vehicle rules include fines and the temporary suspension of driving privileges. Just as the state can suspend driving privileges on public streets and highways, associations can suspend driving privileges on its private streets. Associations cannot suspend ingress and egress rights, i.e., the association cannot block a member from getting to their property. However, the association can regulate how they get to their property. In other words, the member can walk, ride a bicycle or take a taxi to get to their property but cannot drive a car on the association's streets during the time of the suspension.

Flashing Lights & Tickets. Although California has not yet addressed whether homeowner associations can ticket persons for speeding on their streets, Illinois has.The Supreme Court of Illinois ruled that associations can (i) stop drivers and issue tickets for violating the association's traffic rules, (ii) use amber flashing lights on security vehicles, and (iii) not be liable for false imprisonment when pulling over vehicles on their private streets, provided they have a strong and honest suspicion the person violated the association's rules.

Only Logical. The Illinois court wrote “We can discern no logic in allowing a private homeowners association to construct and maintain private roadways, but not allowing the association to implement and enforce traffic laws on those roadways.” I believe that California courts would (and should) reach a similar decision.

Recommendation: Based on the court's discussion and reasoning, associations should:

Not attempt to enforce the Vehicle Code. Instead, associations should adopt and enforce their own traffic rules. So as to avoid the impression that the Vehicle Code is being enforced, security personnel should issue a "Rules Violation Notice" instead of a "Speeding Ticket."

Ensure that if their security officers ticket a member's guest, the member is responsible for the fine not the guest.

Ensure that if a security officer stops a person who is neither a member nor invitee of a member, a warning is given not a ticket.