SENATE 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.

As of January 29, 2013

Title: An act relating to enforcing speed limits within condominium association communities.

Brief Description: Concerning the enforcement of speed limits on roads within condominium associations.

Sponsors: Senators Bailey, Padden, Carrell, Roach, Benton and Hobbs.

Brief History:

Committee Activity: Financial Institutions, Housing & Insurance: 1/22/13.

SENATE COMMITTEE ON FINANCIAL INSTITUTIONS, HOUSING & INSURANCE

Staff: Alison Mendiola (786-7483)

Background: Homeowners' associations (HOA) generally levy and collect assessments, manage and maintain common property for the benefit of the residents, and enforce covenants that govern developments. The authority to carry out these functions comes from governing documents, such as the declaration of covenants, conditions, and restrictions.

Restrictive covenants are recorded in property deeds and may regulate broad issues. A person who purchases property governed by a HOA, and subject to restrictive covenants, becomes a member of the association and must generally abide by the restrictive covenants.

Under current law, state, local, or county law enforcement personnel may enforce speeding violations on private roads in a HOA if:

Summary of Bill: State, local, or county law enforcement personnel may enforce speeding violations on private roads in condominium associations, so long as the provisions required for HOA are met by the condominium association.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: The bill contains an emergency clause and takes effect immediately.

Staff Summary of Public Testimony: None.

Persons Testifying: No one.