Traffic Violations
Associations can impose penalties on members for driving violations of members, their guests, and tenants. Associations have the authority to make and enforce rules for common area use, provided the rules are reasonable. Adopting a 5 mph speed limit on streets would likely be unenforceable as unreasonable, but might be suitable for alleyways.
Fines and Suspensions. The penalties for violating 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 their private streets. Associations cannot suspend ingress and egress rights, i.e., they cannot block a member from accessing 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 their property, but cannot drive a car on the association's streets during the suspension.
Flashing Lights & Tickets. Although California has not yet addressed whether homeowner associations can ticket persons for speeding on their streets, Illinois has. The Supreme Court of Illinois ruled that associations can (i) stop drivers and issue tickets for violating the association's traffic rules, (ii) use amber flashing lights on security vehicles, and (iii) not be liable for false imprisonment when pulling over vehicles on their private streets, provided they have a strong and honest suspicion the person violated the association's rules. The Illinois court wrote, “We can discern no logic in allowing a private homeowners association to construct and maintain private roadways, but not allowing the association to implement and enforce traffic laws on those roadways.” I believe that California courts would (and should) reach a similar decision. (Poris v. Lake Holiday POA) Based on the court's discussion and reasoning, associations should:
- Not attempt to enforce the Vehicle Code. Instead, associations should adopt and enforce their own traffic rules. To avoid the impression that the Vehicle Code is being enforced, security personnel should issue a "Rules Violation Notice" instead of a "Speeding Ticket."
- Ensure that if their security officers ticket a member's guest, the member is responsible for the fine, not the guest.
- Ensure that if a security officer stops a person who is neither a member nor an invitee of a member, a warning is given, not a ticket.
Enforcing Vehicle Codes. Associations can hire private security officers to patrol the association's streets and issue tickets. However, boards should be careful not to obligate the association to enforce California's Vehicle Codes. Security companies are not trained or equipped to enforce 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 community association issues, subscribe to the Davis-Stirling Newsletter.