HOUSE BILL REPORT

SB 5113

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 Summary of Bill

(As Amended by House)

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

Majority Report: Do pass as amended. Signed by 26 members: Representatives Clibborn, Chair; Fey, Vice Chair; Liias, Vice Chair; Orcutt, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Overstreet, Assistant Ranking Minority Member; Angel, Bergquist, Farrell, Fitzgibbon, Habib, Hayes, Johnson, Klippert, Kochmar, Kristiansen, Morris, O'Ban, Riccelli, Ryu, Sells, Shea, Takko, Tarleton, Upthegrove and Zeiger.

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 former governs condominiums created before July 1, 1990, while the latter governs those created after that date. Under either chapter, the owner's association may adopt bylaws and appoint a managing authority.

Summary of Amended Bill:

Unit owner's associations of condominium communities formed under either RCW 64.32 or 64.34 may also enter into agreements with law enforcement personally to enforce speed limit violations. These 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.