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Orange County Homeowners Association Law Firm

Homeowners' association members take a stand against speeders

Part of the draw for parents to live in one of California's residential areas is that their children have a place to play with other kids in relative safety. When something threatens that safety, most homeowners' association members will do what they can to improve the conditions that may cause them harm. When an HOA board fails to allow parents to take those steps, it could start a conflict between members and the board.

In a residential community in another state, neighborhood parents noticed that people were driving well above the posted speed limit. In some cases, drivers were going anywhere from 10 to 20 mph faster than deemed safe for the area. They began to fear for their children's safety, and put up signs telling drivers to slow down.

The signs seemed to be working as many drivers did slow down. Then, the HOA board told the parents the signs had to come down. Board members said that if the community wanted such signs that the covenants, conditions and restrictions for the neighborhood would have to change. Until then, people could face fines of $25 per day, retroactively, for not removing the signs. The HOA offered for uniform and temporary signs to be put up, but many do not believe that's enough.

When homeowners' association members here in California face similar issues in their own neighborhoods, it may be a good idea to thoroughly review the CC&Rs and other rules before taking any action. If the board fails to listen or imposes fines for any action that residents take, it may be necessary to go outside the community for help. Homeowners have the right to live in a safe neighborhood, and it may help to understand what legal measures may be employed to make that happen.

Source: wsbtv.com, "HOA pushing back against signs telling drivers to slow down, neighbors say", Carl Willis, April 19, 2018

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