Enforcing Vehicle Codes
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ENFORCING VEHICLE CODES

QUESTION: Can associations hire private security guards to stop vehicles in the community and ticket for Vehicle Code violations?

ANSWER
: Yes, associations can hire private security officers to patrol the association's streets and issue tickets. However, boards should be careful about obligating the association to enforcement of California's Vehicle Codes.

Security companies are not trained or equipped to handle the enforcement of state laws. There is more to the Vehicle Code than speed limits and stop signs. Registration, license requirements, vehicle safety and a host of driving and safety issues are included in the obligations assumed by such boards. Telling the community that the association enforces the Vehicle Code and then failure to do so could result in liability for the association.

The best policy is to adopt specific rules to fit the association’s needs. The rules should be reasonable and connected to the association’s role in maintaining and governing the common areas. The board can and should adopt rules about speeding, stop signs, parking, and the like. It is much easier and less risky for security companies to enforce a limited set of rules than to enforce the State's Vehicle Code.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC