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Article Courtesy of The
Florida Realtors
By John C. Goede
Published July 17, 2022
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NAPLES – Question: My homeowners’ association (HOA) is a gated
community with private roads. We have recently had issues with speeding and
other traffic-related incidents that would be violations of the Florida traffic
code.
The board of directors has stated the association does not have to enforce the
Florida traffic code. Is this correct? How are gated communities supposed to
address common traffic infractions in their community? – T.K., Naples
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Answer:
Yes, your board of directors is correct when it says it is
not responsible for the enforcement of traffic laws. I
believe the traffic code you are referring to is Chapter 316
of the Florida Statutes, commonly referred to as the Florida
Uniform Traffic Control Law. This is the source of most if
not all traffic rules and violations in the State of Florida
and requires enforcement of its various regulations by state
and local agencies, not associations.
Most associations are not equipped to determine the exact
speed of a moving vehicle, and therefore it would be
difficult for the average board member or community manager
to determine if someone is speeding through the community
unless the person’s speed is so egregious as to leave no
doubt that they are exceeding the posted speed limit. |
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Additionally, while associations do have a variety of enforcement tools at
their disposal to ensure compliance with the governing documents,
associations lack the authority of law enforcement to force drivers to pull
over or issue citations for violating traffic regulations.
As such, most associations focus on enforcing the governing documents of the
association, which usually contain minimal traffic regulations, if any.
This is not to say that associations cannot take action if the board and
community so desire. If there are existing restrictions, then the board of
directors has a duty to enforce those restrictions. The association may levy
reasonable fines or suspend the owner’s right to use the amenities of the
association. In extreme cases, the association may seek an injunction
against the offender to enforce the governing documents.
That aside, these steps can only be taken to enforce the restrictions and
rules of the community, not the various provisions of the Florida Uniform
Traffic Control Law. If the existing provisions of the governing documents
and rules do not currently address the issues your community is
experiencing, then the community may amend its governing documents to
include additional traffic restrictions. Alternatively, Section 316.006,
Florida Statutes, allows an HOA’s board of directors, by a majority vote, to
elect to have state traffic laws enforced by local law enforcement agencies
on the private roads that are controlled by the association. The association
will need to contact their local law enforcement agency and make
arraignments to facilitate access and other details necessary to allow law
enforcement officials the ability to enforce traffic laws inside the
community.
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