How can association enforce speed limit?
Q. Our association includes private streets that are winding and narrow. A speed limit has been established by our rules; however, the limit is widely ignored by our residents. What can the association do to enforce the speed limit?
A. The board may impose reasonable fines for violation of the rules, including rules that establish a speed limit. Some speed violations will be obvious to the lay person, others not so much. Determining whether a violation has occurred can be the difficult part in that the typical association does not possess traffic radar equipment.
We have all seen those free-standing traffic radar units that flash speed as we approach, usually in construction zones. Those are sometimes available for short-term private use on loan from local law enforcement agencies. You would have to make inquiries. These units would require some board member to be stationed in the area to monitor, and record the details. To be effective, the association is going to have to know the vehicles of its residents, as I am not suggesting that speeders be stopped and approached. Rather, a notice of violation would be sent as with any other violation.
The association may also want to consider the installation of speed bumps as a practical solution to the speed problem. But these can make snow removal difficult.
Q. Our association is in an area of increasing criminal activity. The board is considering posting signs that state the area is under video surveillance. In reality, it won't be. Does this create an issue for the association?
A. There is going to be some degree of exposure to the association if a sign indicates that a surveillance camera is employed when there is no camera in operation, if the sign leaves the impression that a crime would be captured. The same is applicable if "fake" surveillance cameras are installed.
If a crime occurs in an area where a person felt secure because of the supposed existence of the surveillance camera, the association is at risk for creating the false sense of security. If the association is going to post signs, actual surveillance cameras should be employed, and maintained in working order. The video should also be captured and maintained for some period of time on recording equipment.
Q. The board of our association is making preparations for the annual meeting to elect board members. A controversy has emerged and we hope you can address it. Some of our board members think candidates for the board run for a specific officer position on the board (like president). Others contend candidates run for a general seat on the board, but don't know how the officers would be elected. What is correct here?
A. Candidates to the board do not run for a particular officer position. Candidates run for a seat on the board. Owners vote for board members. Owners do not vote for officers of the board. The board members vote for the officers.
Once the board members are elected, the board members will vote among themselves to decide who will be the president, secretary and treasurer, or other officer provided for in the association's governing documents. The board's election of its officers must take place at a board meeting open to the owners. Note, too, unless the association's governing documents expressly permit it, no one board member can hold two officer positions.
Some associations schedule a board meeting to be held immediately after the annual meeting of the owners. The officers are typically elected at that time. However, that meeting could be scheduled for another time, but the sooner the better so officer positions are in place for the coming year.
• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.