If its streets are private (normally the case in gated communities), an association can require proof that drivers have a current driver's license. Requests to see a driver's license often occurs upon (i) issuance of vehicle decals and (ii) the occurrence of driving infractions inside the development.
Entry Gates. Associations with manned entry gates can require anyone entering the community (guests, vendors, etc.) show their driver's license before being granted entry.
Copy on File. Whether an association can require its members keep a copy of their driver's license on file with the association is an open question. There are privacy and security concerns. An association could be liable for identify theft if it were negligent in the handling and storing of such information. Boards should seek legal counsel before imposing such requirements.
Suspension of Driving Privileges. For driving and vehicle infractions (if provided for in their rules & regulations), associations may suspend driving privileges on its streets, following a properly
noticed hearing.
ASSISTANCE: Associations needing legal assistance can
contact us.
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