traffic safety

We have 147 homes in our HOA. Members enjoy their walks around the complex and many times they choose to walk on the streets and not the sidewalks accompanied by kids on bikes, elderly in wheel chairs, etc.

We have installed stop signs at corners and we have posted speed limit signs in accordance with our governing documents , nevertheless we have witnessed speeders and individuals who feel stop sign compliance is optional.

Question: I am looking for court cases where HOA's were the subject of litigation for not taking proper steps to enforce traffic safety so that I can discuss this risk with the full board.

Thank you

Thanks for the link - that is helpful

Regarding your great question - unfortunately I have no idea. We have standard size sidewalks and they are located on both sides of the street and I would guess they are used by 20% of our members - everyone else uses the street - walkers, runners, families taking walks with kids and dogs, retirees taking a stroll using walkers and wheel chairs - this is located in a southern state with warm weather throughout the year and I would guess the community has just evolved into this daily tradition. So when I see drivers failing to use proper caution I get very concerned.

I live in an urban environment. They are really pushing zero fatalities with pedestrians. Pedestrian right of way is a myth. There is a complicated hierarchy of rule with walkers and vehicles. An example if you have street lights and dedicated cross walks and pedestrian walks signs and you decide to walk across the street in the middle of street its not your right of way.

These folks are not realizing what they are doing is actually dangerous. Also I understand the lazy way is the easy way. Why walk on a narrow sidewalk when yo have an entire road. It looks like a behavior issue. I think if you conform with best practices legally HOA will be in good position. Are the road private I am thinking.?

Someone on the discussion board or on a website stated that the condo or the HOA can do its best but cannot guarantee safety. In any case later today the pros will be responding to this thread.

Just want to say "Thank You Very Much for your responses " I really appreciate it.

If anyone else has thoughts please feel free to share them. I know that if we have an incident that I will be asking myself - did I do all I could have done, within reason, to prevent it.

You have shared some interesting approaches - I will focus some time on each one.

I think what you want to seek are news reports of when a HOA settled a suit involving traffic safety. At most such disputes would tend to reach only the trial court level. This means that google yada search engines directed at the various online appeals court (and not trial court) sites are not going to turn up much.

I do not expect many news reports on this topic. Insurers of HOAs tend to settle these cases quickly.

I think the bigger question is: These speed limits and stop signs are, at a minimum, board-created rules that the board is legally (say many courts) obliged to enforce. What, if anything, is the board doing to enforce these rules?

As others said, a victim of a car accident (speeding or running a stop sign) is going to try to reach into your insurer's deep pockets, period.

Insurance for HOAs today is a nightmare. Did you know many HOAs and condos are now not insurable? And you are in Florida, no less, where things are more off-the-rails than any other state when it comes to insurance.

Your board should do the best it can to enforce its common area rules (including stop signs and speed limits). I advise: Get your Florida HOA board to consult with an attorney, now, for the reasons above.

If your board has not done so, reach out to your HOA attorney for proper verbiage, but you need to amend your
rules and regulations to include pedestrian safety and outline no playing in the streets or walking in the streets.

You likely have some FHA rules to dance around.

Keep in mind, NYC just decriminalized jaywalking making jaywalking legal and no citation whatsoever.

Humans have this overwhelming desire to play human frogger, the car always wins.

You are correct that police will typically not enforce traffic laws on private property.

However, they can be enforced if requested by the Association.
The Board did this in Northern Virginia. It was a surprise to many residents.
Police Departments will likely have a form you have to fill out.

Not sure this story is true or not, but here goes.

An HOA association has a car identified as "Special Services" and they pull over speeders and ticket them. One of them pulls over a policeman (in civilian clothes). The Policeman arrests the person as impersonating a policeman. The out come was the HOA ceased stopping people.