speeding in condo

[galenf]

--------------------------------------------------------------------------------

The management firm's representative to our condo board recently fined us for speeding -- which we deny. I disputed the means used for this assessment of "speeding." I pointed out that it was made by an untrained observer without use of radar or any other objective evidence. (which they admit)

But their reply was that a condo is a 'private association' with a 'private road' so they can assess speeding fines any way the please.

Is this true??

P.S. I also discovered that the management firm's representative does NOT have the PCAM which, nevertheless, he regularly appends to his name in professional correspondence. I don't know if this is relevant, but I'd think it says something about his credibility...

[KC405]

Well, I would first read the condo rules (or equivalent) that you received when you bought the condo. See what is says about the ability of the board to fine residents.

Aside from that, is the board able to tell you what the speed limit is? Is there a speed limit sign or is the limit posted anywhere?

What the board is doing sounds like total BS to me and may be a retaliatory act for something else you did or maybe someone on the board does not like you. I would also ask the board how many people were cited for speeding in the past.

His reply that "that a condo is a 'private association' " is also BS. Their actions are governed by the association rules and by state law. So, they cannot "do whatever they want".

[galenf]

great, thanks for the reply. I thought it was BS too but, not being an attorney I wasn't sure.

I've checked the condo bylaws pretty thoroughly and they're surprisingly general; they talk about a right to impose fines for violations but say nothing about speeding for instance. However, there are signs posted along the road limiting speeds to 15 mph.

I've also received a positive reply from David Kahne who authored the "Bill of Rights for Homeowners in Associations." He in turn volunteered to contact Fred Askin who brought the Twin Rivers suit.

Thanks again for your reply