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:
a majority of the HOA's board of directors votes to authorize the issuance of speeding infractions and declares a speed limit not lower than 20 miles per hour;
a written agreement regarding the speed enforcement is signed by the HOA's president and chief law enforcement official from the city or county within whose jurisdiction the private road is located;
the HOA has provided written notice to all of the homeowners describing the new authority to issue speeding infractions; and
signs have been posted declaring the speed limit at all vehicle entrances to the community.
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.