Question: Our Board restricted our speed limit to 20 mph and uses a security company with radar guns to do it. Is this legal?

Answer: The Board has the right to control speed limits on private streets in reasonable ways. However, rent-a-cops are not cheap and proving the radar is accurate or that they nabbed the "right person" could be very problematic. With regular traffic tickets there is a presumption of guilt if the cop says so. No so within HOAs. I recommend that instead of radar, use traffic "calming" devices like traffic circles, speed bumps and flashing signs which will be much cheaper and work 24/7.

Question: What kind of action should the Board take in regards to sex offenders living in the community? Show they be advising the residents? Can the individual be excluded from becoming a board and/or committee member?

Answer: This is an extremely sensitive topic that should be handled carefully. Each state has guidelines and statutes about reporting information on sex offenders. The Board should consult with a knowledgeable attorney on how to handle the issue if it applies. Because of libel and defamation of character issues, the Board wouldn't want to do anything that invites a lawsuit.

On security issues in general, the Board should be VERY careful on how involved the association gets. If the association provides any significant level of security, virtually any crime could be blamed on the association's failure to provide a safe and secure environment. Lawbreakers should be handled by law enforcement.

The Board should make sure the "environment" is as secure as possible. Common area lighting, locks, fences, gates and doors should all be operational. Landscaping should be properly trimmed to reduce hiding spots and undetected points of access.

Question: Is there a checklist our Board can use for choosing a Security Company?

Answer: Why not ask several security companies in your area what specific services they offer for residential properties like yours? After reviewing three or four company information proposals, you should be able to combine the features you want into a Bid Request Letter.

How much security is needed? Hourly charges can add up in hurry. Will one guard do or are several required? How many hours is enough? Usually, the cost of guards can't be justified. Security is largely perception. If the bad guys think you're on to them, most won't mess with you. Posting surveillance signs is a cheap deterrent. For more on this subject, see www.regenesis.net.

Published: December 26, 2001

Use of this article without permission is a violation of federal copyright laws.

Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues. Regenesis publishes The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at .