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 Passed Senate, February 8, 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, 1/29/13 [DP].

Passed Senate: 2/08/13, 49-0.

SENATE COMMITTEE ON FINANCIAL INSTITUTIONS, HOUSING & INSURANCE

Majority Report: Do pass.

Signed by Senators Hobbs, Chair; Mullet, Vice Chair; Benton, Ranking Member; Fain and Nelson.

Staff: Alison Mendiola (786-7483)

Background: Homeowners' associations (HOAs) 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 an 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 an 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 HOAs are met by the condominium association.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: None.

Persons Testifying: No one.