Q: Are associations required to provide a turnaround at the gated entrance to the community? We are considering installing a fence in the existing turnaround to prevent vehicles from crossing from the entrance drive to enter through the exit gates.
Also, can associations enforce speed limits through use of radar guns or other methods? Can associations enforce speed violations concerning nonresidents?
A: This is not an NRS 116 issue. I believe that it is now a requirement to have a turnaround at gated entrances to residential communities. You would have to contact the municipality's code enforcement department or building department to see if your association could have some kind of variance. You would also find out the moment you try to obtain a permit to build the fence.
In 2009, there was a proposed law that would have prohibited the use of a radar gun within homeowner associations. This proposed law did not pass. NRS 459.920 does regulate the use of radar guns. This law lists the prerequisites for the operation or display of radar guns.
Speeding within homeowner associations is a real problem and presents possible liability issues for the association, its board and its management company. Stop signs and speed limit signs are often ignored within association communities that would not be ignored on public streets.
Obviously, it should not matter if you are driving on private or public streets, drivers have an obligation to obey the signs. Homeowners can be fined for speeding. The association does not have jurisdiction to fine a nonresident.
Barbara Holland, CPM, and Supervisory CAM, is president of H&L Realty and Management Co. To ask her a question, e-mail firstname.lastname@example.org.