Must HOA's enforce speeding limits if a complaint made

I am in a HOA with a posted 25 mph speed limit. It is a gated and private community.
No enforcement of vehicle laws whatsoever. Many complaints but the 3 boards since I have been here (5 years)
HAVE DONE ABSOLUTELY NOTHING BUT TALK.
There are consistent vehicles exceeding 50 mph past my house and the street is 20 ft wide for 2 lanes total.
Illegal vehicles of all types and little kids driving them.
Less than 50% of the vehicles stop for stop signs.
This is a disaster just waiting to happen.

How do I establish the liability issue so that the board listens?

Pete,

How many houses? What kind of houses? What do the CCRs say about traffic and vehicle control, if anything? Do you have R&Rs for use of the roads? How many on the Board, and is this the number from the Bylaws? Is your Reserve Fund fully funded?

What does local law enforcement say about the issues you mention?

Have you conducted traffic and speed analysis?

Have you made your feelings and thoughts known to the Board during a Board meeting?

Are you or have you ever been on the Board? Have you been a candidate for the Board? Are you on any committees?

Have you reviewed options like speed humps?

Are 50% or more of your neighbors concerned about the same things? If so, have you hosted a meeting of these like minded folks to discuss a path forward, including collection of money to find legal assistance, if needed?

I agree. For my own ego, I will toss in that I had a sibling who as a child was in a terrible car accident, with the driver negligent. The injuries were so severe that the police made a decision on the spot not to wait for the ambulance and to take my sister to the hospital directly. Here is what I recommend:

Under Florida statute 720.311(2), the dispute here is "between an association and a parcel owner regarding use of or changes to the parcel or the common areas and other covenant enforcement disputes." Florida Statute 720.311(2) says that such disputes, "shall be the subject of a demand for presuit mediation served by an aggrieved party before the dispute is filed in court." Furth3more the statute says: "An aggrieved party shall serve on the responding party a written demand to participate in presuit mediation in substantially the following form:"

====Start draft pre-suit mediation demand letter====
Dear Board of Directors,

The alleged aggrieved party, Peter _____, hereby demands that [Name of HOA], as the responding party, engage in mandatory presuit mediation in connection with the following disputes, which by statute are of a type that are subject to presuit mediation:

-- Covenant ____ requires that vehicles move at no more than 25 mph on the grounds. The attachments document that vehicles time and again are moving at 50 mph past my house. This amounts to the Board amending the covenant in question, and in such a way as to propose grave risk to children, adults and their property.

Pursuant to section 720.311, Florida Statutes, this demand to resolve the dispute through presuit mediation is required before a lawsuit can be filed concerning the dispute. Pursuant to the statute, the parties are required to engage in presuit mediation with a neutral third-party mediator in order to attempt to resolve this dispute without court action, and the aggrieved party demands that you likewise agree to this process. If you fail to participate in the mediation process, suit may be brought against you without further warning.

The process of mediation involves a supervised negotiation process in which a trained, neutral third-party mediator meets with both parties and assists them in exploring possible opportunities for resolving part or all of the dispute. By agreeing to participate in presuit mediation, you are not bound in any way to change your position. Furthermore, the mediator has no authority to make any decisions in this matter or to determine who is right or wrong and merely acts as a facilitator to ensure that each party understands the position of the other party and that all options for reasonable settlement are fully explored.

If an agreement is reached, it shall be reduced to writing and becomes a binding and enforceable commitment of the parties. A resolution of one or more disputes in this fashion avoids the need to litigate these issues in court. The failure to reach an agreement, or the failure of a party to participate in the process, results in the mediator declaring an impasse in the mediation, after which the aggrieved party may proceed to court on all outstanding, unsettled disputes. If you have failed or refused to participate in the entire mediation process, you will not be entitled to recover attorney’s fees, even if you prevail.

The aggrieved party has selected and hereby lists five certified mediators who we believe to be neutral and qualified to mediate the dispute. You have the right to select any one of these mediators. The fact that one party may be familiar with one or more of the listed mediators does not mean that the mediator cannot act as a neutral and impartial facilitator. Any mediator who cannot act in this capacity is required ethically to decline to accept engagement. The mediators that we suggest, and their current hourly rates, are as follows:

[Google and list the names, addresses, telephone numbers, and hourly rates of the mediators. Other pertinent information about the background of the mediators may be included as an attachment.]

You may contact the offices of these mediators to confirm that the listed mediators will be neutral and will not show any favoritism toward either party. The Florida Supreme Court can provide you a list of certified mediators.

Unless otherwise agreed by the parties, section 720.311(2)(b), Florida Statutes, requires that the parties share the costs of presuit mediation equally, including the fee charged by the mediator. An average mediation may require three to four hours of the mediator’s time, including some preparation time, and the parties would need to share equally the mediator’s fees as well as their own attorney’s fees if they choose to employ an attorney in connection with the mediation. However, use of an attorney is not required and is at the option of each party. The mediators may require the advance payment of some or all of the anticipated fees. The aggrieved party hereby agrees to pay or prepay one-half of the mediator’s estimated fees and to forward this amount or such other reasonable advance deposits as the mediator requires for this purpose. Any funds deposited will be returned to you if these are in excess of your share of the fees incurred.

To begin your participation in presuit mediation to try to resolve the dispute and avoid further legal action, please sign below and clearly indicate which mediator is acceptable to you. We will then ask the mediator to schedule a mutually convenient time and place for the mediation conference to be held. The mediation conference must be held within ninety (90) days of this date, unless extended by mutual written agreement. In the event that you fail to respond within 20 days from the date of this letter, or if you fail to agree to at least one of the mediators that we have suggested or to pay or prepay to the mediator one-half of the costs involved, the aggrieved party will be authorized to proceed with the filing of a lawsuit against you without further notice and may seek an award of attorney’s fees or costs incurred in attempting to obtain mediation.

Therefore, please give this matter your immediate attention. By law, your response must be mailed by certified mail, return receipt requested, and by first-class mail to the address shown on this demand.

Sincerely,

Peter __________
address
phone
email addie
=======End Draft Demand Letter ===================

The above is from http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html . PeteG3, please study 720.311 and follow it to the letter.

You do not need an attorney to do this. You should get an estimate of the cost of mediation.

Send the letter certified mail, return receipt requested.

Unfortunately, you do need to document the speeding. Purchase a video camera? Get a radar gun?

Calming strips to slow them down.

And if the CC&Rs say nothing about the maximum allowable speed on the HOA grounds, then the OP has not legal leg on which to stand. At best, the OP could either run for the board with a like-minded majority, or begin a campaign to amend the covenants via a vote of the membership.

Pete, thanks for the additional information.

I think you know the reason why the arms were folded--$$$$, and no one has been killed or injured. Yet.

Great. You did what Florida Statute 720 requires. Onto the lawsuit.

From Illinois in 2013, https://law.justia.com/cases/illinois/supreme-court/2013/113907.html, finding that a HOA had broad authority to enforce its rule (not even a covenant) regarding a 25 mph speed limit?

Thoughts from a law firm in California:
https://www.davis-stirling.com/HOME/Traffic-Violations. Note that the California law firm found and cites the same Illinois case I found, as linked above. This suggests to me that there is not a whole lot of case law on HOA speed limits specifically.

Some interesting and possibly helpful commentary on the law on enforcing speed limits in Florida gated communities:
http://www.campbellpropertymanagement.com/blog/page/8/

Thoughts from a law firm in Michigan on the subject of HOAs enforcing speed limits (noting there is no case law in Michigan on the point):
https://micondolaw.com/2018/01/10/enforcing-speed-limits-in-michigan-condominium-and-homeowners-associations/ . The law firm does opine that speed limits are enforceable. Which to me means one has a good shot of forcing a HOA to take steps to enforce speed limits.

From Texas in 2006, https://law.justia.com/cases/texas/fourth-court-of-appeals/2011/24044.html, finding that a covenant on speed limits could be abandoned?

I concur with the others who say the reason your directors don't want to deal with this problem is money.

The speed limit in my HOA is 15 mph and there are a few people who just ignore it. The various boards here over the time I've been here aren't interested in any enforcement, either. Luckily we don't have a lot of other vehicular problems. There are a few, mostly having to do with parking, but since there's only the vaguest mention of parking in our CC&Rs, nothing will be done about them. Boards here are infamously uninterested in any sort of enforcement regarding violations. If enforcement of violations ever became an actual thing here, I think the prolem of speeders would be at the bottom of the list of priorities.

Melissa,

Gated, private community - private roads.

Humps are pretty mild and are not damaging to vehicles, even emergency vehicles.

Speed bumps are typically limted to 5 mph.
Speed humps are typically limited to 15 mph.

I know of no one who actually likes either of them.
The speed bumps/humps do cause a need for more maintenance on vehicles that go over them a lot.
They do slow the response (although, how much is questionable) of emergency vehicles.

Traffic Calming methods can do wonders. However, they can be expensive to put in (changing the road design) for established neighborhoods or cause membership rift if you use speed bumps, speed humps or rumble strips and other concerns if snow removal is a concern (which it likely isn't for the OP).

What Tim and Marshall said.

I know the OP is concerned about the speeding cars, but I notice he hasn't commented on what it might cost to enforce the speed limit. It's one thing to blame the board for not addressing the matter, but if cost is an issue, he needs to come up with some suggestions the board can consider.

I also wonder what's behind phrases like "the board has been notified of the problem numerous times." Are we just talking about the complaints you made, or have there been complaints by other neighbors. If it's the latter, has EVERYONE attended a board meeting to ask how this problem is being addressed, and if not, why not? Maybe that group of neighbors could be the start of an advisory committee to do a little research and make recommendations to the board. It may be helpful in asking questions like:

is the speeding going on all the time or at certain times of the day or week?
Can anyone tell if most (all?) of the speeders are heading to or from a specific home or homes? Maybe someone needs to have a talk with those homeowners about their friends and family using the neighborhood streets as a racetrack)

Would it be possible to hire off duty police - if so, how many and how much would that cost?

And will homeowners be willing to see their assessments go up to pay for whatever recommendations are accepted?

Speaking of police - we have off duty officers who do periodic drive-throughs in our community (our biggest problem has been junk cars, people parking on the grass and that type of thing). During a discussion of some homeowners and/or their tenants engaging in obnoxious and/or possibly criminal behavior, one of the officers suggested that we invite our local police to sit in our parking lots when they need to stop and work on police reports. The sight of a police car in various areas can sometimes work wonders in getting people to straighten up.

Our officers happen to work in the same district office that serves our community, spread the word and after a few months, some of the crazy behavior died down. Maybe this approach could work for your community and it wouldn't cost anything

Let,

Could you provide a link for the NV statute?

This site appears to indicate California does not have a statute that prohibits HOAs from enforcing traffic violations, including speeding violations: https://www.davis-stirling.com/HOME/Traffic-Violations.

Thanks ... the article does note fining letters ... does this mean owners can be fined for speeding, assuming it is built into their docs in some manner?

So, back to passive means ... pavers, rumble strips of various types. This seems like first, easy step ...

I realize you're probably said what you said because of what you saw as a child, and I don't blame you. If my sister had been hit by a car and its driver was speeding, drunk, texting (or a combination thereof), I'd feel the same way. I've also seen people zip through my community, despite little kids playing or walking across the street, and considering this is a small community, I don't know why they're in such a hurry to get to wherever they're going.

However....the OP said this complaint has come up year after year, before more than one board, and still nothing's happened. Even if he goes to court over this and wins, someone will still need to figure out how to enforce the rules. It's great to have a rule, but if you don't have a way to enforce it consistently and fairly, then what?

Whether you like it or not, enforcement of anything takes time, people and money, so what exactly do you propose the board do? We are in the middle of a pandemic and still don't know how that will shake out and how long it'll take - are you suggesting the BOARD patrol the community? They catch someone speeding (assuming they have a radar gun), tell the person what he/she is doing, the driver then tells them to naff off or worse. What happens next?

Some folks have noted enforcement may be an issue if legislation doesn't permit the police to go in the community to enforce traffic rules. You might hire some security guards to do it, but they won't work for free and in order to get these people to stop, you may have to issue fines (assuming state law allows this) and if they don't live in the community, you'll have to sue them, which will require more time and money. These are questions that must be answered in order to come up with a strategy to address the problem effectively.

That's why I suggested bringing in the neighbors because you and I both know it's a little more difficult to blow off several angry people (especially if they turn round, rally other neighbors) and kick the rascals out.
At this point, the OP has already tried talking to the board and that hasn't worked. He may very well need to take this to court, but until then, at least try to talk up some of the neighbors (starting with the ones with young children) and ask if they've noticed a problem and what they think. How many times have you read conversations on this website where things escalated to where the community got fed up about an issue, tossed the current board and then started to do the work of turning things around?

As I recall, that was YOUR experience (remember that conversation you started about the trees that were disrupting the sewer line, but your board wasn't willing to take steps to address it?) Remember how that ended? Yes, a lawsuit was part of the drama, as I recall, but your neighbors also got together and did what was necessary (eventually).

For the record: The neighbors did not get together. Of four or so units who were having sewer line backups over a few years, one owner (a married couple) had had it and hired an attorney. Letters of demand were sent. I heard about the situation; researched the law; inquired here and was disgusted with this and other, lesser offenses by the board. (Your posts were quite helpful with dealing with the logistics of property-wide tree root threats.) I personally do not think one should complain about a board without offering to run, I ran and won. Per agreement with my then running-mate, just about the first item on the new board's agenda was the sewer line backups in the one building. A new HOA attorney came was hired. She fiercely attacked (in a collegial way) the position of the previous attorney, justifying why, and 100% consistent with what my layperson's legal research found (I can pound my chest as well as Trump). The new HOA attorney told the HOA to pay up. There was never a lawsuit, though it was headed that way. The ignorant, high school diploma'd, self-promoting manager hated my guts, in large part because of this, and made sure I lost the next year.

Our Patrol avoids citations for drivers but can issue them. Always needless chatter, no action. California Highway Patrol, (CHP), has jurisdiction on all roadways. We live on one of the few busy streets and post several complaints I drafted a letter, added photos and stopped at our local CHP office, speaking with an officer. I requested scheduling, monitoring and ticketing in the spring when traffic was heavier and was told they would do so. Another thought came to mind. We have Coffee with a Cop scheduled annually within our communities, usually with CHP, Sheriff's and Fire Department presence. Informal, 2-3 hours, questions and answers.