Illinois: HOA Can Ticket Cars on Private Rds

[frannysf]

Don't know if this would set a precedent for HPP to issue tickets for speeders on private HPP roads.

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Earlier this year, the Supreme Court of Illinois ruled that associations can (i) stop drivers and issue tickets for violating the association's traffic rules, (ii) use amber flashing lights on security vehicles, and (iii) not be liable for false imprisonment when pulling over vehicles on their private streets, provided they have a strong and honest suspicion the person violated the association's rules.

The Illinois court wrote “We can discern no logic in allowing a private homeowners association to construct and maintain private roadways, but not allowing the association to implement and enforce traffic laws on those roadways.”

Based on the court's discussion and reasoning, associations should:

- Not attempt to enforce the Vehicle Code. Instead, associations should adopt and enforce their own traffic rules.

- Ensure that if their security officers ticket a member's guest, the member is responsible for the fine not the guest.

- Ensure that if a security officer stops a person who is neither a member nor invitee of a member, a warning is given not a ticket.

More information Google Poris v. Lake Holiday POA.

[Seeb]

Some states allow for private police. that would not work here.

[kalakoa]

quote:

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Originally posted by frannysf

The Illinois court wrote “We can discern no logic in allowing a private homeowners association to construct and maintain private roadways, but not allowing the association to implement and enforce traffic laws on those roadways.”

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County needs to "put up or shut up" on the "private roads" issue.

As long as County insists that the roads are "private", the HOA should have authority to enforce traffic laws. Period.

If the HOA "doesn't have" that authority, they should exercise their right to install gates on all "private" roads. (In the case of HPP, it might even be cheaper than dealing with the "fugitive dust" problem.)

Oh well -- at least HPP is getting "County-enforceable" speed limits; other subdivisions pay taxes/fees and get nothing.

[reni]

On the topic of Bill 82 specifically (enforcement of 15 mph speed limits). The bill has passed it's second reading and awaits the mayor's signature. I and 2 other people in our small group testified in favor of this Bill. (Our group had formed in an attempt "Assist" the Board in implementing a "Reasonable Precaution Policy" for the mitigation of fugitive dust.) We did not know that they had no intentions of implementing a policy....nor did we even grasp the Association insanity surrounding this environmental law violation.
The fugitive dust committee power point presentation ended with 3 main suggestions.
1. change the Base course used.
2. speed limit control
3. consider alternative to asphalt.
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1. was strictly TABOO......off limits !!!! People were embroiled in a heated debate over employee conflict of interest. The more we insisted on the details .......the testier it became! (there was an announcement at the Gen. meeting that this specific employee arrangement had ended)
2. o.k.........so let's address speed limit control.......NOT!! big problem with this one also!!! Some were upset with the past President that a Board resolution was not passed prior to the President testifying in favor of this bill. (She did not have authority to speak for this Association) .So, we did suggest to the new President that the Board address this. If not, I guess we can just argue about the validity of this for ever. Next, is the problem of our 15 mph signs. THEY ARE NOT TO COUNTY REGULATION AND THEREFORE UNENFORCEABLE!!! Two of us did meet w/ Councilman Ilagan hoping to get clarification w/ the county. Very cordial meeting ......but our written questions have never been answered.
The price of new signs seems to be more expensive every time they are mentioned. Last figure I heard was $17,000.00. Not sure if this expenditure is even listed in the new budget.

So here we are,
The County has passed a Bill for speed limit enforcement in HPP..
The Board , to my knowledge has not recognized this legislation...
This Bill remains unenforceable until we homeowners pay for new speed limit signs