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Enforcing traffic law in a private community

On Lawyer & Legal » Traffic Law

2,241 words with 6 Comments; publish: Fri, 21 Nov 2003 15:32:00 GMT; (800250.00, « »)

The state is: West Virginia

There is an on-going problem with residents speeding and running stop signs in my sub-division. I have called the sheriff and the state police to request enforcement. Much to my surprise I was told that since the community is considered "private property" (i.e. the county or state does not maintain) they can not enforce the speed limit or stop sign laws. I was told it was a matter for the homeowner's association to pursue in civil court.

Is this correct? And if so, why can the sheriff's office ticket residents that do not have current vehicle inspection stickers or car registrations?

Many thanks...

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  • 6 Comments
    • sending letters to residents regarding their garden statuary that violates the covenants...in a word petty and worthless. They are more concerned about property values than safety.
      #1; Fri, 21 Nov 2003 15:53:00 GMT
    • We had the same problem in our community. Our local sheriff, who happens to live here as well, did inform us that they could only do something if it was a criminal matter i.e.; reckless endangerment. So we got the HO association involved and had huge speed bumps installed and that solved the problem.
      #2; Sat, 22 Nov 2003 09:11:00 GMT
    • Then read your association rules red and if it addresses traffic control in the community and the HOA is doing nothing you'll need to file suit against them.

      At the very least contact an attorney to review the association bylaws.

      #3; Sat, 22 Nov 2003 21:53:00 GMT
    • There are approximately 250 homes in our community. Many residents, myself included, have young children. So, until one of these Nascar driver wannabes injures or kills a child there is no way to enforce the posted speed limit or stops?

      Is there a way for the community to turn the roads over to the county or state?

      Thank you.

      #4; Fri, 21 Nov 2003 15:46:00 GMT
    • Quote:
      Is this correct?
      Yep...

      Quote:
      And if so, why can the sheriff's office ticket residents that do not have current vehicle inspection stickers or car registrations?
      Because those things are violations of state laws. Your speeding on private property is not.
      #5; Fri, 21 Nov 2003 15:40:00 GMT
    • of course there is. But where is your homeowner's association in all of this?
      #6; Fri, 21 Nov 2003 15:48:00 GMT