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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

PatrickS (Washington)
Posts: 34
Posted:
We have a problem that really came out of nowhere. At the entrance to our neighborhood we have a curved cinder block wall with landscaping and a light post that the HOA maintains. 1 foot next to the sidewalk very near the lightpole we have had a sign post with two signs that read "Slow speed bump" and "Caution Children at play". After many complaints by homeowners about speeding cars and cars parking on the street, we decided to change the sign and implemented a 10 MPH speed limit within the neighborhood and a no on street parking sign to replace the two others. Unfortunately the biggest offender of the on street parking was the very forst house as you enter the neighborhood. Well, after two week of having it up and several complaints, we delivered a written warning to the house and the homeowner went ballistic and tore the sign out of the ground and threw it down. They said that the sign was on their property and they did not want it there.

Anyone ever had any issues such as this? Ideas? I was flabbergasted since the same house has beem wanting a speed limit for a while since a lot of the kids hang out there.

Patrick
MicheleD (Kentucky)
Posts: 4,491
Posted:
Was it on his property?

If not, send him the bill for replacement.

And tell him not to do that anymore.

And remind him of the restriction for on-street parking.

By the way, there IS a valid CC&R that restricts on-street parking, isn't there?

Or did the board just decide to enact it without the prescribed process for amending the CC&Rs?

Also, we can't set the speed limit in our neighborhood.

If you are legally able to set the speed limit to 10 MPH, what is your mechanism for enforcing, ticketing and/or fining those who don't comply? Will your local police do it?

What if they are not members of your HOA?

Just curious about it.
PatrickS (Washington)
Posts: 34
Posted:
Our CC&Rs are very clear on the parking issue. The 10 MPH speed limit was part of the adoption of our rules and regulations that our lawyers drew up. We have at least 50 kids in our neighborhood and they all play near the entrance unfortunately so we need to protect them. We are very careful and seek legal consultation on just about everything. I have not paced out the property markers, but he says he gave the HOA permission to put the sign post in several years ago. He just did not like the parking sign since he is a regular violator. I did get his neighbor to give us permission to put it just inside of his property line...........problem solved.

Basically just childish behavior.

Patrick
MicheleD (Kentucky)
Posts: 4,491
Posted:
So, you are saying that there isn't any common area at the front entrance?

Are you sure that there isn't an easement granted the HOA? I mean besides a verbal "sure, use a portion of my lot."

I'm still curious about the speed limit thing.

We could probably draft some R&Rs that say the same thing, but we still wouldn't legally be able to hold anyone to the 10 MPH thing, especially if they don't live in our subdivision -- our speed limit is 25 MPH.

How do you enforce it? Do you have someone sitting somewhere with a speed gun? Can you write speeding tickets? Or does your local police department enforce it? I'm just saying, ours wouldn't (assuming we could even establish our own), since they are not obligated to enforce our Rules & Regs or CC&Rs.

SusanW1 (Michigan)
Posts: 5,202
Posted:
In our community, the police told us they would not issue tickets for speeding any street less than 25 mph speed limits (too hard to enforce) Simply ask the police to sit at the corner a couple of nights, then on and off. Police presents is the best way to remind people. A private security person is the next thing, if you are really serious about a speeding problem.

As to the sign placement, your Board should know exaclty what is easement and where property lines start. If not, get that info ASAP.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By SusanW1 on 05/02/2008 5:45 AM

As to the sign placement, your Board should know exaclty what is easement and where property lines start. If not, get that info ASAP.

What she said . . . .

We have had luck with requesting random placement of some of those Speed Reporting devices.

Basically, it's a large sign on wheels that flashes what speed you are going.

About 2 or 3 times a year the police department will put one in our main thoroughfare.

Cuts down on speeding for a few days anyway. . .

BrianB (California)
Posts: 2,820
Posted:
Quote:
Posted By MicheleD on 05/02/2008 5:49 AM
Posted By SusanW1 on 05/02/2008 5:45 AM

As to the sign placement, your Board should know exaclty what is easement and where property lines start. If not, get that info ASAP.


What she said . . . .

We have had luck with requesting random placement of some of those Speed Reporting devices.

Basically, it's a large sign on wheels that flashes what speed you are going.

About 2 or 3 times a year the police department will put one in our main thoroughfare.

Cuts down on speeding for a few days anyway. . .


lol.. placing a trailer with a sign on it in the roadway could violate the parking policy, couldn't it?
DwightT (Idaho)
Posts: 664
Posted:
I see those signs as a personal challenge. When I come across one I try to see how high I can make it register.

Of course, I use a bicycle for my transportation.....
MicheleD (Kentucky)
Posts: 4,491
Posted:
. . . the CC&R specifically addresses and exempts most government vehicles and safety vehicles.

So basically, the fire chief can park a firetruck in his driveway if he wanted to.

But aside from that, our regs are subordinate to local rules, regs, and ordinances, so it would be covered there as well.

But thanks for asking!

:-)
JohnM3 (Florida)
Posts: 288
Posted:
Here is your simple cure.
Step 1 go to City Hall and request a copy of the PUD plan that shows common ground in the community.
Step 2 Next meeting agenda add Speed Bump Installation to the agenda
step 3 After investigating the plan request prices from a local paving contractor to install speed bumps.
step 4 Write a letter to the Mayor ,Chief of Police, and the City Commisioners about the speeding problem.
Step 5 Have a meeting with the City traffic Engineer asking him / her for there requirements on speed
bumps in your development.
Step 6 If the city refuses to co-operate letter writing time to your state representatives for there
help. If still no help the go to the Federal Govt naming people you spoke with dates and copies of the correspondence. Never ever forget the state governor also.

Step 7 If all of this fails ( It worked in my hoa we have 26 speed bumps it slows the fools down or they destroy there vehicles ) Then write to PEACH SUPPLY for there catalog they sell portable speed bumps put the at all corners of the entrance and attach them with threaded inserts into the pavement with washers and bolts.
BradP (Kansas)
Posts: 2,640
Posted:
Who owns the streets?? IF the city doesn then I wouldn't think you could change speed limits.

Back to Michele's question on enforcing the speed limit...how do you do that, with radar? Timing between two fixed points? Pacing with another vehicle? Is the person trained in how to operate this equipment, has the equipment been properly calibrated? Is the person given due process? It is one thing to say you were going fast...it is another thing to say you were going 17 mph on our laser, which was calibrated two weeks ago and is operated by a certified person.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Speed bumps (and even speed "humps") are illegal on public streets in Kentucky.

A shopping center can install them, but they cannot be installed on public roadways.

Our emergency vehicle "lobbyists" are against them, too, since they not only damage civilian cars if going "too fast," they can cause problems to firetrucks and/or EMT vehicles responding to a call.

There is currently legislation in place to "allow" the "speed humps," but so far it's not a viable option for us.

We also tried to get the city to install more stop signs. We wanted stop signs placed at all the T-intersections in the subdivisions, but City Works would not do that for "speed control." We have 4 T-intersections in a row, which we figured, even if people didn't stop completely, they would slow down somewhat between roads.

City Works came out, did a "survey" and rejected the T-intersection stop signs because they could only be placed if there were a "visibility" issue with the intersection (such as on a blind curve). None of ours has that concern.

An HOA board can only due what is possible within the structure of current laws and public enforcement.

BradP (Kansas)
Posts: 2,640
Posted:
I think speed bumps are a bad idea...they slow down emergency vehicles that could be on there way to save your life or your home when seconds are precious. There are better ways to control speeds in neighborhoods than bumps...
MicheleD (Kentucky)
Posts: 4,491
Posted:
Opps!

Correct this sentence:

"An HOA board can only due what is possible within the structure of current laws and public enforcement. "

To this:

"An HOA board can only do what is possible within the structure of current laws and public enforcement. "
MaryA1 (Arizona)
Posts: 7,043
Posted:
I agree with Brad regarding speed bumps. Here the fire dept must approve speed bumps but I think that only applies to public streets. Unlike KY, we have speed bumps on public streets but they are neighborhood streets not main thoroughfares, of course. If your HOA has private streets you should be able to regulate the speed limit and install speed bumps. But, even with private streets, the speed bumps shouldn't be installed w/o first consulting with the fire dept. Because of the safety issue regarding emergency vehicles (ambulance with patient inside) it's best to consult with the fire dept.

Bottom line on speed bumps: I hate them!! Even the newer ones that have an opening in the middle for emergency vehicles are a nuisance. In fact a motorist can be ticketed for going through it in the middle.
PatrickS (Washington)
Posts: 34
Posted:
Wow, nothing like getting bunch of responses that have more to do with peoples opinion rather than fact. I really don't care whether or not people hate speed bumps and whether or not people think we can't put a speed limit on our streets. The fact that I stated that we have run everytning through our attorney should have made everything very clear to everyone on here.

Thanks to Roger, Joe, Gloria, etc who have answered my questions in the past with facts rather than giving their personal opinions. The law deals in facts.

Moderater:

Please delete this thread.......it is of no use to anyone.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
What you will get on this formum is opinions. Any facts can only be related to people's experience. Although HOAs may be simmilar, each is different in it's own way, and laws in states vary too.

As far as running everything through an attorney goes, in every case in court one lawyer wins and one loses. No disrespect to lawyers intended, but that means, at least to me, statistically, that lawyers are "right" only about half of the time.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Patrick,

Sorry for giving my opinion; I thought that's what this forum was all about. However, if you don't want people's opinions and have already spoken to an attory, what's the point in asking a question here? And correct me if I'm wrong, but I believe you asked for "ideas" not "facts"!
MicheleD (Kentucky)
Posts: 4,491
Posted:
I will never apologize for giving my opinion, nor will I consider that my "facts" may not apply to SOMEONE who reads this thread, or other threads on which I decide to post.

I certainly can't be the only person from Kentucky that reads this forum, or this thread.

How rude of you to ask the moderator to remove or lock the thread.

Just because it's of no use to you? I see you have no problem giving YOUR "opinion."

One man's junk is another man's treasure.
MicheleD (Kentucky)
Posts: 4,491
Posted:
I would have also hoped that by now you would have had a formal easement review and/or survey to determine exactly what portion of the entrance belongs to whom.

PatrickS (Washington)
Posts: 34
Posted:
I was hoping for a professional opinion, not an opinion from someone who hates speed bumps. Not what I would call very constructive. This forum is for sharing of ideas.

The header of HOATalk says: "A forum for Community Association Boards & Other Volunteers to discuss topics concerning their association duties.

"A positive place for community association leaders to share ideas and learn.

The problem with this forum sometime is that disgruntled people like to bash a group of people who are comprised of all volunteers and the bashers would never think of volunteering themselves.

If you read what I wrote I stated that we run everything by an attorney, but I would like to get a simple answer wthour being charged 250.00 per hour. We could use the money for other things.

I would never come on this forum and pull a thread so far off topic that is turns into a debate on somwthing that had nothing to do with the initial question.

Michelle D

Thank you for your responses. The only thing I haven't done is look into the common issue at the entrance I have a full time job and I have not had the time. We own and maintain the streets. The 10 MPH is more of a reminder rather than an enforcement issue, just like a "smile have a nice day" sign.

Your opinions were valued and right on.

If the thread has been driven this far off, I do have the right to ask that it be removed since I started it. I do not feel it was rude, just that no one is going to get anyting out of this and it is just going to waste space.

Sorry, it was not directed at you.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Patrick,

Well, I guess you directed your remarks to me because I'm the one who said "I hate speed bumps!" So, why didn't you just address your response to me. I'm a big girl and I can take it!

I won't apologize for saying I hate speed bumps because I do but I certainly didn't think that by saying so it would offend anyone! I did post valid info regarding speed bumps which you can just disregard if you choose.
PatrickS (Washington)
Posts: 34
Posted:
Quote:
Posted By MaryA1 on 05/03/2008 2:01 PM
Patrick,

Well, I guess you directed your remarks to me because I'm the one who said "I hate speed bumps!" So, why didn't you just address your response to me. I'm a big girl and I can take it!

I won't apologize for saying I hate speed bumps because I do but I certainly didn't think that by saying so it would offend anyone! I did post valid info regarding speed bumps which you can just disregard if you choose.

Why would you post info about something that has nothing to do with this thread? I don't get it. Are you trying to pick a fight? What did you possibly hope to accomplish? I am very aware that some people hate speed bumps. I hate mushrooms, but I would never tell someone that if they were asking about making creme brulee.

Why?

BECAUSE IT HAS NOTHING TO DO WITH WHAT WAS ASKED!

Now, I apologize if I come off a little rude, but you don't seem to get it.
GlenL (Ohio)
Posts: 5,491
Posted:
Patrick this is what you posted: Anyone ever had any issues such as this? Ideas? I was flabbergasted since the same house has beem wanting a speed limit for a while since a lot of the kids hang out there.

People gave you ideas, people debated what is allowed in their states/neighborhoods and gave you valuable suggestions of where to start i.e. find out who owns the property the sign was on. The tread wasn't hijacked into something entirely unrelated to your original post like: "My BOD is ignoring my complaint about roofs. What do I do now?" The posts have all been related to traffic/speed enforcement.

Other people read these posts there are approx 12000 members here and while most do not post I'm sure they obtain ideas of how different communities have dealt with problems to use in their own. At least I do.

Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 7,043
Posted:
Patrick,

YOU mentioned speed bumps in your initial post, so what is it that I don't get?

Since you mentioned creme brulee . . . I don't think you'd like mushrooms in a custard!
BradP (Kansas)
Posts: 2,640
Posted:
Patrick:

FACT...speed bumps slow down emergency vehicles....FACT, in a medical emergency seconds are precious...FACT, it only takes less than one second to fire a gun and kill someone...FACT, speed bumps can be the difference between life and death.
PatrickS (Washington)
Posts: 34
Posted:
Glen:

I see your point. I am a little frustrated because in the past I have posted and not had issue such as this. I really don't want to wade through useless information on speed bumps, traffic control, etc. The thread was aimed at dealing with a homeowner who violates our on street parking policy and rips the sign that was meant to control it out of the ground after it had been their with different signage for over 5 years.

That being said, I understand that people need to vent, but how is that useful to this community? As I and a lot of other people have stated, this is a thankless job and we have this great tool to help each other out. We are blessed to have people like Roger, Joe, Gloria and any others I have missed, to help us through our issues.

I am a "to the point" person. I work over 50 hours a week and volunteer another 10 to 20. I really don't have time for a debate on the merits of speed bumps. If I wanted to talk about that, I would have started the thread "Let's get your opinion on speed bumps"

Don't get me wrong, but this site is not nearly as great as it used to be and I can attibute it to things such as this. I personally had nothing to do with the installation of any speed bumps. I don't really have an opinion on them except that we have them and they don't work. Most people just race in between them.

To clarify what I meant by the initial comment, the very person who ripped the sign out of the ground wanted the speed limit, but did not care for the parking sign. As most of you know, no one has a problem with rules unless it is one they don't like.

Unfortunately for our board now, the previous board set the bar as a do nothing board. We changed that, but it was not easy.

Michelle, John, Susan: Thanks for your help. Surveyors, lawyers and HOA managers are on my call list for Monday

BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By PatrickS on 05/01/2008 9:32 PM

Anyone ever had any issues such as this? Ideas? I was flabbergasted since the same house has beem wanting a speed limit for a while since a lot of the kids hang out there.

Patrick

You asked for ideas, that often includes peoples opinions. If you are going to come across that blast people for offering their ideas and opinions, then don't ask for them and be clear in your post you want FACTS only, we are all here to help one another and they type of attitude you displayed is uncalled for. That is my OPINION.
PatrickS (Washington)
Posts: 34
Posted:
Quote:
Posted By BradP on 05/03/2008 3:04 PM
Posted By PatrickS on 05/01/2008 9:32 PM

Anyone ever had any issues such as this? Ideas? I was flabbergasted since the same house has beem wanting a speed limit for a while since a lot of the kids hang out there.

Patrick


You asked for ideas, that often includes peoples opinions. If you are going to come across that blast people for offering their ideas and opinions, then don't ask for them and be clear in your post you want FACTS only, we are all here to help one another and they type of attitude you displayed is uncalled for. That is my OPINION.

Actually you called for it by your attitude. Funny how you are accusing me of attitude, yet you have given me nothing but. I haven't seen a relevent thing coming from you on this whole thread. Spare me your OPINIONS..........I really don't want them. I stated that I wanted no opinions on speed bumps as I never asked for them.

MicheleD (Kentucky)
Posts: 4,491
Posted:
"Was it on his property?

If not, send him the bill for replacement.

And tell him not to do that anymore.

And remind him of the restriction for on-street parking. "

That was from my post from higher in the thread.

If it is on his property, and there is no deeded "easement" for the HOA to use as they see fit, then seems to me there's not a darn thing you can do to him.

If you don't know if the area is yours to use, or whether you have a legitimate easement claim, then find out.

If it is his property, I would imagine he could tear it down if he wants to.

However, if it does belong to the HOA, or if you have a legitimate easement use, then "send him the bill" and "tell him not to do that anymore."

But keep in mind, since you just have a verbal okay from the other owner, then you could risk those sings being pulled out at a later date if they get mad at the HOA,too. So if you DON'T have any easement or common area in front on which to plant your own signs, then any sign you plant you might as well figure is temporary to begin with.

If he is still parking on the street, take your enforcement to the next level and have your "goodly" lawyer send him a letter letting him know that if he continues to park on the street, the HOA will move for injunction to keep him from doing so.

How is that off topic and/or not useful? You asked. I replied. Everything else I posted subsequent to that is simply small talk, I suppose.

Sorry you don't like to wade through small talk. But since none of us pays for using this site, I suppose you have to pull that old chestnut out and review it before you have a stroke: "You get what you pay for."

But, as an aside, or off topic, or however you want to classify this next comment:

I learn a great deal from people in their "small talk" or random comments.

Maybe that HOA site you pay for populated by only full-time HOA professionals will provide you with a better question-and-answer experience.

AnnJ1 (Florida)
Posts: 122
Posted:
Patrick,
Up above you said...
"I would never come on this forum and pull a thread so far off topic that is turns into a debate on somwthing that had nothing to do with the initial question."

An original post in another thread reads:
"Is it true that (in at least the state of Colorado) if any homeowner sues the Board and wins, the Board will have to pay for everything including court costs out of their own pockets instead of HOA insurance paying these costs?"

Your reply:
"One of the things that I try to say to everyone that says they hate the HOA is that THEY are the HOA. If they are unhappy, then get involved. Everyone in our HOA was made well aware the HOA before they purchased the house, but since things got lasx over the years, CC&R violations are abundant. If is a really long road ahead for us three BODs, but we are chugging along letting the nasty comments slide off our backs."

The above are FACTS!
I rest my case...
Ann

PatrickS (Washington)
Posts: 34
Posted:
You must be very bored
PatrickS (Washington)
Posts: 34
Posted:
Exactly what debate are you talking about?
BrianB (California)
Posts: 2,820
Posted:
i think he is accusing Patrick of threadjacki... Ooh, pretty butterflies.

Does anyone know why butterflies only live for a week? And how come when you catch them, they don't look so pretty as when they are flying past?

PatrickS (Washington)
Posts: 34
Posted:
I would venture to guess that the reason you hate speed bumps and keep rambling on about emergency vehicles not making it to someone in time is because you had a stroke and the ambulance got to you too late and you lost some brain function.

It would explain your incoherent rambling
DekarzA (California)
Posts: 1
Posted:
Wow, what a bunch of children. No wonder HOA's are so screwed up. You should all be ashamed of yourself. You are supposed to be leaders. I came here for answers and this is the first thing I see.

Pathetic
BradP (Kansas)
Posts: 2,640
Posted:
Ok...I can play by your rules...was the sign on his property? If so does the HOA have an approval letter from the homeowner or signed lease agreement for use of his property? If not he can rip it out all he wants.

If the sign is on HOA property then re-install it and bill him. I have never seen a 10 MPH speed limit in any neighborhood, that is not my opinion. My opinion is that is way to slow even with kids around.

BTW...I am 31, never had any medical issues severe enough to require an ambulance. But I certainly appreciate your concern and wishing that I did.
PatrickS (Washington)
Posts: 34
Posted:
The questions have been asked and answered. Since you do not live in our neighborhood your opinions on what you think is a prudent speed limit are of no concern. We had 95 percent of the homeowner agree. I would say that is what we call a super majority.

Your age shows.

You must understand, your opinion is not the only one that counts. That is why we vote on things.
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By PatrickS on 05/03/2008 8:07 PM
The questions have been asked and answered. Since you do not live in our neighborhood your opinions on what you think is a prudent speed limit are of no concern. We had 95 percent of the homeowner agree. I would say that is what we call a super majority.

Your age shows.

You must understand, your opinion is not the only one that counts. That is why we vote on things.

Exactly...my opinion is just that, mine. I don't know how long you have been around this board but one of the great things about it is that there are many opinions and the people looking for answers have the ability to pick and choose what they want to believe or follow. I may not agree with everyone, but I respect most of the opinions on here. My age may show to you, but fortunately or unfortunately I am willing to give time to my neighborhood to try to make it a better place. As you stated before I am also busy, at least I understand now that my opinions mean nothing to you so it will save me time in the future responding to any questions you have.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By DekarzA on 05/03/2008 7:19 PM
Wow, what a bunch of children. No wonder HOA's are so screwed up. You should all be ashamed of yourself. You are supposed to be leaders. I came here for answers and this is the first thing I see.

Pathetic

No you didn't.

But thanks for playing.

MicheleD (Kentucky)
Posts: 4,491
Posted:
By the way, Patrick, once again, trying to chug through your original post, was the sign on his property? Or did the property belong to the HOA, or did the HOA have a legitimate easement on which they could post the sign? I mean, aside from the verbal okay?

I'm asking because it is key to being able to provide you with the response you say you want from us on his pulling the sing out.

PatrickS (Washington)
Posts: 34
Posted:
The police were contacted and we filed a vandalism complaint. He has a court date in 17 days.

I took a metal detector out to the property in question and took a tape and stepped out the measurements from the plat map and found the buried property markers. Police photographed the scene as evidence.

🎯 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