Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Transportation Committee

HB 1592

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning the enforcement of speeding violations on certain private roads.

Sponsors: Representatives McCoy, Sells and Ryu.

Brief Summary of Bill

  • Allows certain property associations to enter a written agreement with law enforcement to enforce speed limits on the private roads of the property association.

Hearing Date: 2/11/13

Staff: Andrew Russell (786-7143).

Background:

Homeowner's associations are legal entities composed of the owners of residential real property located within the association's jurisdiction. An association may, among other things, adopt bylaws, appoint a board of directors, make contracts, and regulate the use of common areas. Currently, law enforcement personnel may enforce speed limits on the private roads of homeowner's associations under certain circumstances. First, the board of directors must authorize the issuance of speeding infractions and set the speed limit not lower than 20 miles per hour. Second, a written agreement must be signed by the president of the association and the chief law enforcement officer of the city or county within which the private road is located. Third, the association must provide notice to all homeowners of the new arrangement. Finally, speed limit signs must be posted at all vehicle entrances to the community.

Homeowner's associations do not include entities formed as condominiums under either RCW 64.32 or 64.34. The RCW 64.32 governs condominiums created before July 1, 1990, while the RCW 64.34 governs those created after that date. Under either chapter, the owner's association may adopt bylaws, and appoint a managing authority.

Summary of Bill:

Condominium unit owner's associations may also enter into agreements with law enforcement personally to enforce speed limit violations. These unit owner's associations must meet the same requirements as homeowner's associations in entering such an agreement: (1) the board of directors must authorize the action and set the speed limit not lower than 20 miles per hour; (2) a written agreement must be signed by the president of the association and the chief of the local law enforcement department; (3) the association must provide notice to all unit owners; and (4) speed limit signs must be posted at vehicle entrances.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.