: We have a
problem with children riding bikes, skateboards, scooters, etc. down a
steep hill to a blind intersection. The streets are owned and maintained
by the association and the board would like to restrict the street to
automobiles only. How can they do this and how would they enforce it?
Unless your governing documents state otherwise, your board has the
authority to restrict your street to vehicles only. Doing
so benefits the association by reducing or eliminating potential
injuries and litigation. If the board were to do nothing and someone is
seriously injured, the likelihood is high that the association would be
sued. At a minimum, plaintiffs would argue that the directors were negligent
and in breach of their fiduciary duties
because they knew of the dangerous condition and did nothing to correct
it. It may be possible to defeat such claims (depending on the
circumstances) but everyone would have to suffer through expensive and
emotional litigation before that occurred. They could also lose.
. Once the restrictions were adopted, enforcement would be through hearings
and suspension of privileges
The board does not need to hire someone to stand on the corner and
write tickets but it could do so if circumstances justify it. Typically,
rules enforcement for most associations relies on information from
residents and periodic inspections. In your case, when someone reports a
violation, the board would notify the parents of the young scofflaws,
hold hearings and, if appropriate, impose penalties.
Your board should work with legal counsel to adopt and publish rules regarding the unsafe street--ones that do not discriminate
children. In addition, the board should talk to counsel about posting signs on your street.
: Associations needing legal assistance can contact us
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