Use of Cameras by HOAs to Catch Speeders is Growing Fast. Can They Do That?”

The firm’s latest Miami Herald “Real Estate Counselor” column was authored by Michael L. Hyman. The article, which is titled “Use of Cameras by HOAs to Catch Speeders is Growing Fast. Can They Do That?,” focuses on the growing trend of HOA communities using cameras to automatically read and record vehicle license plates and speeds. Several vendors are providing such systems as an option for enclaves that wish to deter speeders and issue fines for violators, and a few Florida communities have become early adopters. Michael’s column reads:

. . . A recent article by the Suncoast Searchlight nonprofit news collaborative that appeared in the Bradenton Herald and several other newspapers in the area south of Tampa Bay chronicled how the Laurel Oak Estates, The Landings, and the Rosedale communities in the region have deployed such cameras. They and other Florida communities are now using them to issue speeding violations and fines.

The cameras, which law enforcement agencies have also deployed in some municipalities to check motorist license plates for outstanding warrants and catch speeders in school zones, have stirred controversy about privacy issues and the implications of surveillance technology. Their use by private communities to catch and penalize speeders entails several considerations that homeowners association boards of directors should address prior to implementation.

First, HOAs need to carefully review their governing declarations with the help of experienced legal counsel to determine whether they have the authority to utilize such technology to enforce speeding restrictions. While the governing documents for some communities mention speeding as being under the purview of the HOA’s rule-making and enforcement powers, most do not include such specifics. However, the majority of documents state associations can implement rules to provide for the safety, security and welfare of their residents and guests, as well as to avoid potential legal liabilities, and that language should grant the authority to implement such deployments.

Boards of directors will also need to develop a plan to issue fines using such systems in a manner that complies with Florida law. The state’s HOA statutes call for a minimum of 14 days’ written notice before a community can impose a fine for any violation. This notice must detail the violation, how to rectify it, and inform the recipient of their right to a hearing, which should be before a committee that is usually composed of three or more members who are not affiliated with the directors.

The state law also limits fines to $100 per violation, and additional fines may be levied for continuing violations but they cannot exceed $1,000 in the aggregate. In addition, HOAs can suspend privileges like pool access for violations.

Because gated communities and the roads contained therein are private properties with common areas owned by their associations, fines for speeding issued using these cameras cannot lead to points against vehicle operators’ licenses that could jeopardize their legal ability to drive or impact their insurance rates. Instead, such fines are civil matters between the vehicle owner and the HOA, which can take further action in accordance with their governing documents and the state laws on community fines.

The recent article raises questions over whether the Laurel Oak association is fining speeders caught by its cameras in a manner that complies with Florida law. It is issuing fines that range from $75 to $200 on a graduating scale depending on vehicle speeds, but the state law limits fines to $100.

To avoid potential challenges to such fines that could prevail in arbitration proceedings before the state’s Department of Business and Professional Regulation, HOAs that are considering such deployments should first consult with highly qualified community association legal counsel. In addition to limiting such fines to $100 per violation in accordance with state law and the community’s own governing documents, such attorneys may advise associations to consider using warning letters prior to issuing fines for first infractions. They may also counsel boards of directors to consider deploying signs, speed bumps and traffic circles to deter speeding rather than cameras that could spur blowback from community residents.

However, for directors who have become aware of ongoing and pervasive issues involving speeders who obstinately refuse to comply with posted limits and other efforts to get them to slow down, such cameras may prove to be the best possible approach. In such cases, associations can be exposed to significant legal liabilities resulting from any accidents involving excessive speeds because of their prior knowledge of the issue, so it is incumbent for them to take serious and effective actions in advance of any potential incidents. . .

Michael concludes his article by noting that according to its own reports, one of the vendors of these camera systems touts having more than 5,000 communities across the country already putting them to use, and as of 2021 more than 40 percent of its business came from HOAs and other private neighborhoods. He writes that the use of this technology appears to be a growing trend with no signs of abating, so the directors of communities who are concerned about speeders and wish to consider a deployment should start by consulting with vendors and presenting their options to the member owners at upcoming board meetings.

Our firm salutes Michael for sharing his insights into the takeaways from these recent rulings with the readers of the Miami Herald.  Click here to read the complete article in the newspaper’s website.

Our firm’s South Florida community association attorneys write about important matters for associations in this blog and our Miami Herald column, which appears every two weeks on Sundays, and we encourage association directors, members and property managers to click here and subscribe to our newsletter to receive our future articles.