Guide to Traffic Safety in HOA Neighborhoods

Guide to Traffic Safety in HOA Neighborhoods

Posted on by

Speeding and disregard for traffic signs and safety in residential areas are common problems in Northeast Florida communities. We provide this guide to traffic safety in HOA (Homeowners Association) neighborhoods with general recommendations and research materials.

Slowing traffic helps promote a more relaxed residential environment, and as you can see, various options are available. An association does not need to choose one, however, to the exclusion of all others. The key is to be consistent and properly apply the various options selected.

We appreciate all efforts to improve traffic safety, prevent crashes, and minimize reckless driving.

Raise Awareness by Posting Positive Reminders for Homeowners on:

  • Message Boards
  • Community Websites
  • Community Facebook, NextDoor, or Google Groups
  • HOA E-mail blasts

Below are links to traffic safety digital graphics and information. Please use these resources to help educate your community on traffic safety and promote better driving behaviors. Community management companies should also have additional resources and recommendations they have found successful.

Resources: 

Jacksonville’s “20 is Plenty” Residential Speed Limit Reduction Study

Jacksonville’s “20 is Plenty” Residential Speed Limit Reduction Study

The City of Jacksonville’s 2024 Residential Speed Limit Reduction Study is an in-depth report. It looks at the impact of reducing the speed on all residential streets to 20 MPH. This study aimed to gauge the effectiveness, identify the best methods, and develop an action plan for implementation.

HOAs may want to look at this list of countermeasures (found on page 43 in the “20 is Plenty” PDF).

Guide to Traffic Safety in HOA Neighborhoods

How to stop speeding in an HOA?

Speeding is a big problem for many community associations — a problem that is not always quickly addressed or corrected. How can your board slow the speed of traffic in your community?

You may wish to begin with more cost-effective measures such as speed limit signs, stop signs at crosswalks and possibly speed bumps. Sending out regular email reminders is also a good tactic, especially when school is in session. Smaller associations need to rely on the goodwill of the homeowners who live in the community.

Rules and Enforcement

If your association does not currently have traffic rules, you may be able to rely on a nuisance provision in your Declaration. Alternatively, if your board has the authority to adopt rules and regulations regarding the common areas. The board can adopt traffic rules at a duly noticed board meeting. The association has various enforcement tools available to enforce the laws, including sending warning letters, notices of violation, fines, suspension of use rights, or further legal action.

Fining is the most common “enforcement tool” used to curb speeding for associations that monitor speeding. Fining is most effective when pursued against owners/residents in the community. It is more difficult for an association to pursue fines against visitors, guests, invitees, or contractors who speed. So, for the most part, most associations that pursue fines for speeding opt only to pursue fines against owners/residents who speed. Anytime an association intends to fine an owner or resident, the process and procedures for fining must comply with the statute. Therefore, it would require the board to establish a fining committee (if your community does not already have a committee in place). The notice must be provided to the owner or resident of the violation, and the owner or resident must be allowed to be heard by a fining committee.

Fines

For communities that do not want to impose fines, there are various other enforcement tools available, including sending warning letters, notices of violation, suspension of use rights, or further legal action (such as seeking injunctive relief). When it comes to either fining or suspending use rights, the association must follow the statutory procedure described above. An additional method of enforcement would be through an agreement with the county, which would authorize a local law enforcement agency to enforce state traffic laws on the association’s private roads. Section 316.006, Florida Statutes, authorizes local law enforcement agencies to enforce state traffic laws on the private roads of associations pursuant to an agreement between the association and law enforcement. It requires a majority vote of the board of directors of a homeowners’ association to elect to have state traffic laws enforced by local law enforcement agencies on private roads that the association controls.

Devices to Measure Speed

There are other practical concerns about enforcement against speeders, most notably evidence of speeding. How can your board of directors “prove” that a vehicle is speeding? Depending on the vehicle’s speed could be established simply by the testimony of the person who saw the car speeding. Some communities have purchased equipment that monitors speed and can also take photos or videos of the speeding vehicle. If your community is considering buying a speed gun, it should be noted that an administrative rule deals with “speed measuring devices.”

This rule provides that evidence of the speed of a vehicle measured by a radar speed-measuring device is inadmissible in “any proceeding concerning an alleged violation of provisions of law regulating the lawful speed of vehicles” unless such evidence of speed is obtained by a law enforcement officer who meets specific requirements, including the satisfactory completion of certain training courses. The rule also requires a visual determination of the vehicle’s speeding and a written citation based on evidence obtained from an approved speed measure device. Also, the particular speed-measuring device must meet specifications and be tested by other procedural rules related to the testing of speed-measuring devices.