Q&A: What penalties can an association impose for violating vehicle use rules (e.g., speeding, stop signs, etc.)?  Can the association impose a fine?  The association owns the streets.

Q. What penalties can an association impose for violating vehicle use rules (e.g., speeding, stop signs, etc.)?  Can the association impose a fine?  The association owns the streets.
A. In many cases, the board can call an owner to a hearing to consider disciplinary action, such as suspension of membership privileges and/or the imposition of a monetary penalty, and could collect those monetary penalties through a small claims action against the responsible owner in the event he or she fails to pay.  The board’s ability to take this action will depend largely upon the authority granted to the board under the bylaws, CC&Rs, enforcement policy, and/or schedule of monetary penalties.  As a practical matter, some community associations find  enforcement of vehicular rules  more difficult than others.  Gate-guarded communities, for example, may have an easier time identifying which owner is responsible for the conduct of a particular  driver .  Likewise, community associations that require residents  to register their vehicles in order to obtain a parking pass may find it easier to identify the owner of a particular vehicle.  —David A. Kline, Esq.