Legal Question in Real Estate Law in California

Private road speed limits enforceable by Association Board?

In a gated subdivision within an incorporated City, the speed limit is set at 25 mph. The roads are private. If the Property Owner's Association hires a private patrol company to monitor speeding, can the Board impose fines on the property owner and collect those fines if the owner or his contractor or tenant, for example, was found to be speeding? I thought this was the job of the police.


Asked on 7/05/00, 6:04 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Private road speed limits enforceable by Association Board?

Traffic laws as such are criminal laws and their enforcement involves three phases: detection and arrest, prosecution, and adjudication. Detection and arrest is normally a police function, but as is well known, citizen's arrests are permissible.

Only in rare cases can anyone other than the People, acting through the district attorney, prosecute a crime. Finally, determining guilt and sentencing (whether imposing fines, causing forfeiture of bail, or jail time) is the role of the courts.

I have never heard of a delegation of the right to impose fines to a private street owner and a quick check of the California codes did not turn up one. (This does not mean it doesn't exist.) Such a delegation of criminal enforcement powers would probably be unconstitutional.

Therefore, the "enforcement" of private-street speed rules in your community is probably a matter of private contract, rather than criminal law "enforcement" and you should take a look at the governing agreements, such as covenants, conditions & restrictions (CC&Rs), road-use agreement or other contract or license which applies to owners' use of common areas including the subdivision's roads.

I can't be 100% sure but this looks like contract enforcement rather than traffic law enforcement.

Read more
Answered on 9/09/00, 8:25 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California