CAI-NJ Aug.2017

A U G U S T , 2 0 1 7

major concern for many members, property manag-

ers, and board members of community associations

is the issue of cars speeding through their com-

munity. This article addresses some options that may be

considered in the effort to reduce speeding and maintain a

safe environment for community members.

Private Enforcement

The options for a community association in New Jersey to

enforce speeding violations depends in part on whether the

association has opened up its private roads to enforcement

by local police under Title 39. According to New Jersey

statute:

“Upon the filing of a written request . . . by the board

of trustees of any corporation or other institution of

a public or semipublic character not for pecuniary

profit . . . with the clerk of any municipality . . . that

the provisions of subtitle 1, Title 39, of the Revised

Statutes shall be made applicable to the semipublic

or private roads, streets, driveways, trails, terraces,

bridle paths, parkways, parking areas, or other

roadways open to or used by the public, tenants,

employees, and the members of such institutions for

purposes of vehicular travel by permission of such

By David S. Cerra, Esq.

Griffin Alexander, P.C.

Options for Addressing Speeding

in Community Associations

persons, corporations, or institutions and not as matter

of public right, the provisions of subtitle 1, Title 39,

of the Revised Statutes, shall, in the discretion of the

municipal authorities vested with the police powers in

the locality within which the property of such persons,

corporations, or institutions is situate, be made appli-

cable thereto. . . .”

N.J.S.A. 39:5A-1.

New Jersey courts have found that where a community

association has opened up its road to police enforcement,

its own powers to privately enforce speeding are more lim-

ited. In a case called State v. Panther Valley Prop. Owners

Ass’n., the Superior Court of New Jersey, Appellate

Division stated: “[i]n our view, N.J.S.A. 46:8B-15f is a tacit

expression by the Legislature that any private homeowners

associations, condominiums or otherwise, have no business

assessing fines for motor vehicle violations once they cede

enforcement jurisdiction to a public agency pursuant to

N.J.S.A. 39:5A-1.” State v. Panther Valley Prop. Owners

Ass’n, 704 A.2d 1010 (App. Div. 1998). Other opinions

issued by New Jersey courts have further analyzed what

enforcement powers community associations retain in these

types of situations.