Question:
My HOA installed fixed radar devices and sent me a fine, claiming I was speeding. I questioned the validity of the measure as I am certain I was not traveling at the indicated speed. They immediately removed all the radar devices. When I inquired about the missing devices the management employee lied to me, stating they are well hidden. It wasn’t until I contacted the separately contracted security vendor that I learned they were removed for maintenance. Can they still collect a fine from me knowing that they have not properly maintained the equipment?
Thank you.
– Mary
Answer:
Hi Mary,
First, it is important to determine if your HOA has the authority to impose fines for speeding. Normally, an HOA does not have jurisdiction over public streets, as these streets are governed by the local government. If your HOA has private streets, though, then they likely have the power to enforce rules on them.
Second, you should check your governing documents to see if your HOA has rules about speeding. The HOA only has the authority to enforce rules that are found within the CC&Rs, bylaws, and operating rules. Your governing documents should also tell you whether or not the HOA can impose fines for violations.
Third, it would be difficult to prove that the radar devices were not functioning properly at the time you were driving. If the HOA did, in fact, make a mistake and the devices were not working properly, then you should be able to appeal the violation and fine. Homeowners have a right to attend a hearing and present their case.
Speak to your HOA board about this incident. Make sure to talk to them in a calm and professional manner.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
