FINAL BILL REPORT

SB 5113

C 269 L 13

Synopsis as Enacted

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

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

Senate Committee on Financial Institutions, Housing & Insurance

House Committee on Transportation

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:

• 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: State, local, or county law enforcement personnel may enforce speeding violations on private roads in condominium associations and apartment associations, so long as the provisions required for HOAs are met by the associations.

Votes on Final Passage: