A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

Scooters, ATV's, Mini Bikes

Started by ArtB1 • 17 replies • 225 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

ArtB1 (Florida)
Posts: 97
Posted:
I hate to reinvent the wheel but does anyone here have a policy / bylaw governing how and where non licensed vehicles can be ridden that you are willing to share?

We are private roads in a single family home subdivision.

We have several homes where children are driving recklessly.

Thank You
DeanJ
Posts: 1,786
Posted:
Sounds like a lawsuit waiting to happen and the HOA is turning a blind eye to what’s occurring. A parent with a child injured riding any of those vehicles can sue the HOA if they are injured while operating on common property.

The simple solution is licensed operators, licensed and insured vehicles only.
TimB4 (Tennessee)
Posts: 21,062
Posted:
We simply stated that they may not be driven on common area.
Private roads would be common area.
MichaelS56 (Minnesota)
Posts: 859
Posted:
Tim, what happens when two cars get into an accident in the HOA that has private roads? Does that mean the HOA can be sued?
ElleN (Idaho)
Posts: 1,339
Posted:
Quote:
Posted By ArtB1 on 05/12/2025 7:42 PM
does anyone here have a policy / bylaw governing how and where non licensed vehicles can be ridden that you are willing to share?

We are private roads in a single family home subdivision.

We have several homes where children are driving recklessly.
I trust you are aware that a rule or covenant prohibiting children's "toys" from being used on common area (even roads and parking lots) runs afoul of the Fair Housing Act. Specifically such a rule or covenant would be seen as unlawfully discriminating on the basis of familial status (having kids).

All you can do is prohibit reckless operation of cars, scooters, ATV's, mini-bikes, bikes, trikes, skateboards et cetera. Enforce the rule where there is video documentation. Make the fines huge.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By ElleN on 05/13/2025 5:49 AM
Posted By ArtB1 on 05/12/2025 7:42 PM
does anyone here have a policy / bylaw governing how and where non licensed vehicles can be ridden that you are willing to share?

We are private roads in a single family home subdivision.

We have several homes where children are driving recklessly.
I trust you are aware that a rule or covenant prohibiting children's "toys" from being used on common area (even roads and parking lots) runs afoul of the Fair Housing Act. Specifically such a rule or covenant would be seen as unlawfully discriminating on the basis of familial status (having kids).

All you can do is prohibit reckless operation of cars, scooters, ATV's, mini-bikes, bikes, trikes, skateboards et cetera. Enforce the rule where there is video documentation. Make the fines huge.

In Florida, one cannot operate an ATV on private property without the owner's written permission. This applies even if the property is not fenced or posted. An HOA is private property.

Operators under 16 must wear helmets, eye protection, and be under the direct supervision of a licensed driver.

In addition, in Florida, motorized scooters (including electric scooters, go-peds, and pocket bikes) are considered motor vehicles and can only be legally ridden on private property with the permission of the property owner

JackieB4 (California)
Posts: 398
Posted:
When does life get EASIER???? Not to mention, these scooter drivers usually aren't protected with a helmet. This is a great current topic.
ElleN (Idaho)
Posts: 1,339
Posted:
Quote:
Posted By DeanJ on 05/13/2025 6:19 AM

In Florida, one cannot operate an ATV on private property without the owner's written permission.
Guess why in general, people in a HOA can drive cars, ATVs, scooters et cetera on the common area designated for vehicles.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By ElleN on 05/13/2025 7:02 AM
Posted By DeanJ on 05/13/2025 6:19 AM

In Florida, one cannot operate an ATV on private property without the owner's written permission.
Guess why in general, people in a HOA can drive cars, ATVs, scooters et cetera on the common area designated for vehicles.

Actually in most states is why the can’t ride ATVs or other unlicensed vehicles on HOA property unless the HOA wants to permit it.
ElleN (Idaho)
Posts: 1,339
Posted:
Quote:
Posted By DeanJ on 05/13/2025 8:53 AM
Posted By ElleN on 05/13/2025 7:02 AM
Posted By DeanJ on 05/13/2025 6:19 AM

In Florida, one cannot operate an ATV on private property without the owner's written permission.
Guess why in general, people in a HOA can drive cars, ATVs, scooters et cetera on the common area designated for vehicles.


Actually in most states is why the can’t ride ATVs or other unlicensed vehicles on HOA property unless the HOA wants to permit it.
Actually you have confused laws pertaining to public roads and public property with the laws for private property.

A homeowners' association can make reasonable rules regarding the use of common areas. If a prohibition on specifically xyz is not already in the covenants, and the board does not make a reasonable rule prohibiting xyz, then xyz is allowed.

TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By MichaelS56 on 05/13/2025 4:31 AM
Tim, what happens when two cars get into an accident in the HOA that has private roads? Does that mean the HOA can be sued?

Could happen.

If proper traffic signs were not posted, road not maintained, no-parking zones not enforced, etc. Basically, anything that an attorney could identify as contributory negligence on part of the HOA could have them bring action against the Association.

Would they win? Who knows.
JeffT2 (Iowa)
Posts: 880
Posted:
Some policies I found:

Motorcycles, motorbikes, motor scooters, snowmobiles, and any similar motorized vehicles shall not be operated within the property/common area/roads/etc. except solely for the purpose of transporting the vehicle between a designated parking area and a point outside the property. No riding or operating of such vehicles shall occur on any interior or common areas of the property.

All vehicles must be currently licensed, registered, inspected, and in operating condition.

Drivers of motor vehicles must show regard for safety and courtesy. A complete stop at intersection “STOP” signs must be made. A speed limit of fifeen (15) miles per hour is imposed on all streets or any roadway on the property.

Motorcycles must conform to all rules covering motor vehicles.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By JeffT2 on 05/13/2025 9:35 AM
Some policies I found:

Motorcycles, motorbikes, motor scooters, snowmobiles, and any similar motorized vehicles shall not be operated within the property/common area/roads/etc. except solely for the purpose of transporting the vehicle between a designated parking area and a point outside the property. No riding or operating of such vehicles shall occur on any interior or common areas of the property.

All vehicles must be currently licensed, registered, inspected, and in operating condition.

Drivers of motor vehicles must show regard for safety and courtesy. A complete stop at intersection “STOP” signs must be made. A speed limit of fifeen (15) miles per hour is imposed on all streets or any roadway on the property.

Motorcycles must conform to all rules covering motor vehicles.

And none of that discriminates against families with children.
ArtB1 (Florida)
Posts: 97
Posted:
I like these

Any direct citations to Florida law?
JeffT2 (Iowa)
Posts: 880
Posted:
Section 316.006, Florida Statutes, authorizes local law enforcement agencies to enforce state traffic laws on the private roads of associations pursuant to an agreement between the association and law enforcement. It requires a majority vote of the board of directors of a homeowners’ association to elect to have state traffic laws enforced by local law enforcement agencies on private roads that the association controls.

https://trafficsafetyteam.org/guide-to-traffic-safety-in-hoa-neighborhoods/

LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By MichaelS56 on 05/13/2025 4:31 AM
Tim, what happens when two cars get into an accident in the HOA that has private roads? Does that mean the HOA can be sued?

We have two entrances, exits to my community. I have a dash cam in my vehicle, nearly every day someone blows the stop sigh at either
exit leaving the property. Since the community is gated and private property, we by law cannot enforce traffic laws and the police
refuse to come on private property to enforce the traffic laws. I would assume some crafty lawyer could sue the HOA on behalf of
the client and see if the HOA or their insurance carrier blinks. It could be good fodder to see if the HOA can be held liable for not enforcing
the law.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By ElleN on 05/13/2025 9:11 AM
Posted By DeanJ on 05/13/2025 8:53 AM
Posted By ElleN on 05/13/2025 7:02 AM
Posted By DeanJ on 05/13/2025 6:19 AM

In Florida, one cannot operate an ATV on private property without the owner's written permission.
Guess why in general, people in a HOA can drive cars, ATVs, scooters et cetera on the common area designated for vehicles.


Actually in most states is why the can’t ride ATVs or other unlicensed vehicles on HOA property unless the HOA wants to permit it.
Actually you have confused laws pertaining to public roads and public property with the laws for private property.

A homeowners' association can make reasonable rules regarding the use of common areas. If a prohibition on specifically xyz is not already in the covenants, and the board does not make a reasonable rule prohibiting xyz, then xyz is allowed.


No, you are confused state law with HOA rules. Absent an HOA rule prohibiting ATVs, in most states it is illegal to operate an ATV on any private property, including HOA property, without express permission.
ElleN (Idaho)
Posts: 1,339
Posted:
Quote:
Posted By DeanJ on 05/15/2025 4:47 AM
Absent an HOA rule prohibiting ATVs, in most states it is illegal to operate an ATV on any private property, including HOA property, without express permission.
It's fine that you think covenants are not express permission to use common areas.

I disagree.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here

Terms of Use and Privacy Statement