If HOA Owns the Roads, Who Stops Speeders?

Article Courtesy of  The Florida Realtors

By John C. Goede

Published July 17, 2022



NAPLES – Question: My homeowners’ association (HOA) is a gated community with private roads. We have recently had issues with speeding and other traffic-related incidents that would be violations of the Florida traffic code.

The board of directors has stated the association does not have to enforce the Florida traffic code. Is this correct? How are gated communities supposed to address common traffic infractions in their community? – T.K., Naples

Answer: Yes, your board of directors is correct when it says it is not responsible for the enforcement of traffic laws. I believe the traffic code you are referring to is Chapter 316 of the Florida Statutes, commonly referred to as the Florida Uniform Traffic Control Law. This is the source of most if not all traffic rules and violations in the State of Florida and requires enforcement of its various regulations by state and local agencies, not associations.

Most associations are not equipped to determine the exact speed of a moving vehicle, and therefore it would be difficult for the average board member or community manager to determine if someone is speeding through the community unless the person’s speed is so egregious as to leave no doubt that they are exceeding the posted speed limit.


Additionally, while associations do have a variety of enforcement tools at their disposal to ensure compliance with the governing documents, associations lack the authority of law enforcement to force drivers to pull over or issue citations for violating traffic regulations.

As such, most associations focus on enforcing the governing documents of the association, which usually contain minimal traffic regulations, if any.

This is not to say that associations cannot take action if the board and community so desire. If there are existing restrictions, then the board of directors has a duty to enforce those restrictions. The association may levy reasonable fines or suspend the owner’s right to use the amenities of the association. In extreme cases, the association may seek an injunction against the offender to enforce the governing documents.

That aside, these steps can only be taken to enforce the restrictions and rules of the community, not the various provisions of the Florida Uniform Traffic Control Law. If the existing provisions of the governing documents and rules do not currently address the issues your community is experiencing, then the community may amend its governing documents to include additional traffic restrictions. Alternatively, Section 316.006, Florida Statutes, allows an HOA’s board of directors, by a majority vote, to elect to have state traffic laws enforced by local law enforcement agencies on the private roads that are controlled by the association. The association will need to contact their local law enforcement agency and make arraignments to facilitate access and other details necessary to allow law enforcement officials the ability to enforce traffic laws inside the community.