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Feldsott Lee Pagano & Canfield
Orange County Homeowners Association Law Firm

Homeowners' association members upset about new speeding rule

Speeding is a problem in just about every California neighborhood. Each community addresses the issue in different ways. Last time, this blog addressed how some homeowners put out signs to get drivers to slow down that the HOA board rejected ("Homeowners' association members take a stand against speeders," April 24, 2018). This time, it is the HOA members who are fighting the measure that the board wants to put into place in order to curb speeding.

In this particular out-of-state neighborhood, residents have bar codes they use in order to enter and exit the community. The board wants to suspend the use of those codes by homeowners caught speeding for increasing increments for violations within the same year. That is only part of the problem since homeowners claim that would cause unnecessary congestion at the visitors' entrance.

The other problem is that the board says it will use an "electronic speed measuring and recording device" to monitor vehicle speed. A photograph will be taken and sent to the appropriate homeowner as evidence. Some question the legality of the devices under South Carolina law, where the community is located. They also claim that the board did not notify members prior to instituting the new rules.

Homeowners' association members have rights, and when boards skirt or ignore those rights, it could be cause for litigation. While everyone may agree that speeding needs to be addressed in neighborhoods here in California and across the country, how an HOA board deals with it makes a difference. HOAs have rules and processes that are to be followed before arbitrarily making rules that affect the homeowners in the community. Anyone who believes a board may be overstepping its bounds may want to find out for sure before taking any action.

Source:, "Dunes West Homeowners Association cracks down on speeding", Deanne Roberts, April 25, 2018

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