If you live in a community with a homeowners association, or HOA, there are certain rules that you must adhere to. One rule may include driving under the speed limits set by the board of directors of that community. Many homeowners wonder if HOAs can issue them with speeding tickets. Here’s what you should know.
Homeowners associations in Florida
A community under a homeowners association is governed by covenants, conditions and restrictions, or CC&Rs. CC&Rs are found in a legally binding document made by homeowners in a particular community that dictates how you should live peacefully and considerably within your community. This document is created by the real estate developer, who later selects a board of directors to make the necessary changes before enforcing the set rules.
When you move into that community and sign all the necessary documents, you automatically become a member and are bound by the CC&Rs. The benefits may include property protection, trash pickup, exterior maintenance, grounds keeping and a safe community for you and your loved ones.
Can an HOA issue a speeding ticket?
Violating any HOA law can lead to fines, or the board of directors can file a lawsuit against you in court. If you were driving at speeds of 40 miles per hour in an area marked 30 miles per hour, for example, the patrol officer appointed by the HOA can give you a ticket.
Usually, if it is your first offense, you will get a warning or pay a small fine. Second or third violations can lead to higher fines depending on the terms of the agreement on the CC&R.
Gated communities are private communities; therefore, law enforcement may not have jurisdiction unless dealing with theft and other crimes. However, when it comes to traffic laws and other rules, homeowners associations have full authority, according to Florida Statutes § 316.006. They can set up speed bumps, traffic signals, stop signs and speed limits that keep you and other members of that community safe.
Of course, if you feel like the HOA has unfairly treated you, you can challenge them at one of your board meetings or take the matter to court. Since litigation can be expensive, you may want to try solving your disputes through mediation or arbitration first.