Condominium and Homeowners’ Associations may Contract with Municipality or County to Regulate Traffic on Private Roads within the Community

July 21st, 2017

Posted in Business & Corporate Law,Real Estate Law

Encouraging residents in condominium and homeowners’ associations to safely drive their vehicles while in the community can be difficult for many associations.  If the streets within the community are public streets, or streets owned by a county or municipality, the association can contact law enforcement and request an increase in patrolling.  However, if the streets are private, or owned by the association or other non-governmental entity, law enforcement may not have the authority to regulate traffic within the community absent an agreement with the association.  Further, traditional enforcement options available to the association, such as imposing fines, suspending rights to use common areas and amenities, and initiating adjudicatory proceedings, may be insufficient to effectively curb speeding or dangerous driving in the community given many associations’ limited resources.

While other options may be available, one option to consider is contracting with law enforcement to enforce traffic regulations in the community.  Although not without conditions and costs, residents are more likely to respect enforcement by police officers than by an association enforcement committee.  Some of the conditions for the agreement with the county or municipality may include: reimbursement for the actual costs of traffic control; indemnification and payment for liability insurance benefiting the county or municipality; and installation of appropriate signage, which may be required to meet D.O.T. standards.

Community associations considering contracting with a county or municipality to regulate traffic within the community should consult with a Florida attorney who has experience with such contracts and reviewing association governing documents.  However, homeowners’ associations governed by Chapter 720 of the Florida Statutes should be able to elect to have state traffic laws enforced within the community by local law enforcement agencies if a majority of the board of directors approves.


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