JillS8 (California)
Posts: 101
Posts: 101
Posted:
Are adding speed bumps to a private street Within the association considered altering the common area?
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Speed Bumps
Started by JillS8 • 15 replies • 1019 views
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MikeB23 (Louisiana)
Posts: 109
Posts: 109
Posted:
If I were on the Board it would be. Hate the damn things.
MikeB23 (Louisiana)
Posts: 109
Posts: 109
Posted:
If I were on the Board it would be. Hate the damn things.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Quote:
Posted By JillS8 on 03/08/2021 3:14 PM
Are adding speed bumps to a private street Within the association considered altering the common area?
Are adding speed bumps to a private street Within the association considered altering the common area?
No.
However, there are other options.
See:
Subject: Suggested Traffic Calming for Speeders thread on this forum
Signage Contractor website that gives info on different signs (lights, etc.)
Subject: Speed Bumps--To do or not to do thread on this forum
TRAFFIC CALMING GUIDE FOR LOCAL RESIDENTIAL STREETS from the city of Richmond VA
Neighborhood Traffic Operations: Traffic Calming Program from the city of Seattle, WA
Subject: Speed humps/bumps Thread on this forum
BillH10 (Texas)
Posts: 1,217
Posts: 1,217
Posted:
Tim
I'm not following your logic regarding the speed bumps.
If the streets are private, they are common area owned by the Association. As such, adding speed bumps, like widening or narrowing the streets, would be a modification.
Canu you help me understand what I am missing?
I'm not following your logic regarding the speed bumps.
If the streets are private, they are common area owned by the Association. As such, adding speed bumps, like widening or narrowing the streets, would be a modification.
Canu you help me understand what I am missing?
ND (PA)
Posts: 792
Posts: 792
Posted:
Suggest seeking legal counsel to interpret the specific wording in your documents against what it is your HOA/Board seeks to do or has already done.
In my opinion and using your word "alteration" (as opposed to "material alteration" which has slightly technical/legal meaning) . . . Does adding speed bumps in some way make the private streets different than they were before adding the speed bumps? . . . Then yes it is an alteration.
In my opinion and using your word "alteration" (as opposed to "material alteration" which has slightly technical/legal meaning) . . . Does adding speed bumps in some way make the private streets different than they were before adding the speed bumps? . . . Then yes it is an alteration.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
I understand the streets and parking areas to be a common element.
The green space abutting the streets would be common area.
One can grant exclusive use of a common element (assign parking spaces) but not common areas.
I think it may come down to definitions within the CC&Rs of each Association.
See: Parking rights and common area / common element: can the association (or declarant) do that?! The court cases mentioned in this article provide some interesting reading, which is why I say it would likely come down to the verbage within the CC&Rs.
The green space abutting the streets would be common area.
One can grant exclusive use of a common element (assign parking spaces) but not common areas.
I think it may come down to definitions within the CC&Rs of each Association.
See: Parking rights and common area / common element: can the association (or declarant) do that?! The court cases mentioned in this article provide some interesting reading, which is why I say it would likely come down to the verbage within the CC&Rs.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
The OP is either stating their argument against adding speed bumps or looking to answer someone that is objecting on those grounds.
I say the BOD can add speed bumps but there are better ways such as traffic calmers.
I say the BOD can add speed bumps but there are better ways such as traffic calmers.
BenA2 (Texas)
Posts: 1,273
Posts: 1,273
Posted:
Streets are clearly common areas and I can't think of an argument for how speed bumps wouldn't alter them. Of course, context is probably relevant.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Agree se peed bums are a material alternation to the common area. Legal advice needed to make sure what the HOA's powers are in this regard.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
All
Remember the OP said Private Streets thus owned by the HOA and the HOA's responsibility.
Remember the OP said Private Streets thus owned by the HOA and the HOA's responsibility.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Excerpt from Davis Sterling concerning Speed Bumps:
Funding from Reserves. However, private streets are existing reserve items and should include safety features such as reflectors, striping, signage and the like. These are components that legitimately fall within the discretion of the board of directors. If the cost to install speed bumps is reasonable, it could justifiably come from street reserves. If the cost is significant and reserves are insufficient, it would require a special assessment to pay for the installation of speed bumps. If a safety concern can reasonably be demonstrated and the cost to install is a small percentage of the street funds, I suspect a judge would side with the board on using reserve funds for that purpose.
Funding from Reserves. However, private streets are existing reserve items and should include safety features such as reflectors, striping, signage and the like. These are components that legitimately fall within the discretion of the board of directors. If the cost to install speed bumps is reasonable, it could justifiably come from street reserves. If the cost is significant and reserves are insufficient, it would require a special assessment to pay for the installation of speed bumps. If a safety concern can reasonably be demonstrated and the cost to install is a small percentage of the street funds, I suspect a judge would side with the board on using reserve funds for that purpose.
MaxB4
Posts: 3,513
Posts: 3,513
Posted:
Quote:
Posted By JohnC46 on 03/09/2021 3:53 PM
Excerpt from Davis Sterling concerning Speed Bumps:
Funding from Reserves. However, private streets are existing reserve items and should include safety features such as reflectors, striping, signage and the like. These are components that legitimately fall within the discretion of the board of directors. If the cost to install speed bumps is reasonable, it could justifiably come from street reserves. If the cost is significant and reserves are insufficient, it would require a special assessment to pay for the installation of speed bumps. If a safety concern can reasonably be demonstrated and the cost to install is a small percentage of the street funds, I suspect a judge would side with the board on using reserve funds for that purpose.
Excerpt from Davis Sterling concerning Speed Bumps:
Funding from Reserves. However, private streets are existing reserve items and should include safety features such as reflectors, striping, signage and the like. These are components that legitimately fall within the discretion of the board of directors. If the cost to install speed bumps is reasonable, it could justifiably come from street reserves. If the cost is significant and reserves are insufficient, it would require a special assessment to pay for the installation of speed bumps. If a safety concern can reasonably be demonstrated and the cost to install is a small percentage of the street funds, I suspect a judge would side with the board on using reserve funds for that purpose.
What you are quoting is NOT an excerpt from Davis-Stirling, which is part of California Civil Code, specifically for the governance of HOA's in California. What you posted is an attorney's opinion about the subject.
This same attorney cost an association $250K for their legal opinion, WITTENBURG v. BEACHWALK HOMEOWNERS ASSN.(2013) 217 Cal.App.4th 654
Their Recommendation: Since this issue is open to debate, boards should discuss with legal counsel how best to balance safety and cost concerns related to reserve expenditures.
MichaelS56 (Minnesota)
Posts: 858
Posts: 858
Posted:
In our association, police are allowed to tag speeders, but thankfully we have not had to exercise that option.
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Quote:
Posted By BillH10 on 03/09/2021 4:40 AM
Tim
I'm not following your logic regarding the speed bumps.
If the streets are private, they are common area owned by the Association. As such, adding speed bumps, like widening or narrowing the streets, would be a modification.
Canu you help me understand what I am missing?
Tim
I'm not following your logic regarding the speed bumps.
If the streets are private, they are common area owned by the Association. As such, adding speed bumps, like widening or narrowing the streets, would be a modification.
Canu you help me understand what I am missing?
In some jurisdictions speed bumps and speed humps are outlawed because they inhibit first responder response time.. Tho those elongated traffic calmers are permitted they actually do nothing.
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Consider adding more stop signs to slow people down.
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