D.F. from Hartford County, Connecticut writes:
Dear Mister Condo,
We Have cited and fined a resident for speeding in the Village. We were advised by an attorney that unless we could prove she was speeding by radar, we would have a difficult time collecting any fines. What good is our “no speeding” rule if we have no chance of enforcing. This one resident has been cited a couple of times. Speed limit is 15mph in the Village and this resident was acceding that but we can’t prove it was 25 or 30, or more miles per hour. Are our options limited?
Mister Condo replies:
D.F., speed demons on association roads is a very dangerous situation and puts the condominium association or HOA at great risk. I am not in agreement with the attorney’s summation of the situation but he/she may have case law experience I am unaware of to back that opinion. Typically, once a resident is accused of a rule violation, they are summoned to appear before the Board and explain their side of the story. After hearing them out, the Board decides whether or not to impose a fine. The idea that there needs to be “proof” (i.e. a radar report or video proof of the incident) for the fine to be enforceable is likely not part of your by-laws or rules of governance. The same is true for any violation (barking dogs, parking violations, etc.). The association is not a law enforcement agency nor does it have to “prove” its case to issue the fine. Now, where the attorney may be right is if the owner pushes back and sues the association and makes a court case out of the fine. It is possible that a court would require “proof” which the association simply cannot provide. After all, the association is not a law enforcement agency and should not be held to those standards. The reality is that all the association is trying to do is keep other residents and visitors safe from reckless drivers. Perhaps speed bumps would be a better solution as that would require all residents to follow the speed limits or damage their vehicles. There is no easy solution to your problem but the Board must take the situation seriously. An accident that cause injury or, Heaven forbid, loss of life would be tragic and could subject the association to an expensive lawsuit. Better to get ahead of this problem now and avoid problems down the road. All the best!