QUESTION: Can associations enforce a 5 mph speed limit on HOA property? People seem to fly down the street at excessive speeds regardless of the speed bumps or warning signs. If the board has a license plate number, could they issue a warning or fine?

ANSWER: Yes, associations can impose penalties on members for driving violations of members and their guests and tenants. Associations have the authority to make and enforce rules for common area use provided the rules are reasonable. Adopting a speed limit of 5 mph for streets would likely be unenforceable as unreasonable but might be suitable for alleyways.

Due Process. If the association receives information about speeding or other violations, it should investigate and determine whether a violation occurred. Before the association can impose penalties, the accused is entitled to due process, which means notice and a hearing where the owner can offer his/her version of the events. Since homeowners are entitled to challenge information about the violation, the board cannot rely on anonymous reports.

Fines and Suspensions. The penalties imposed on those who violate the association's vehicle rules include fines and the temporary suspension of driving privileges. Just as the state can suspend driving privileges on public streets and highways, associations can suspend driving privileges on its private streets. Associations cannot suspend ingress and egress rights, i.e., the association cannot block a member from getting to their property. However, the association can regulate how they get to their property. In other words, the member can walk, ride a bicycle or take a taxi to get to their property but cannot drive a car on the association's streets during the time of the suspension.