If the Moore County Sheriff‘s Department would like to fulfill their monthly budget, spend a few hours on Devonshire Avenue in the afternoon issuing speeding tickets.
There are many drivers going 52 MPH + instead of 25.Don‘t blame our HOA for lax enforcement, it turns out to be an extremely complicated legal issue intertwined with a myriad of NC statutes.
In North Carolina, the speeding issue often comes down to who is responsible for the road.If the roads are truly private as is the case in Seven Lakes and not dedicated, and the association owns and maintains them, the planned community likely has greater options.
These include hiring licensed private ”Company Police” or having security or off-duty police patrol the area in an official looking vehicle.
While some of these options may seem extreme, there have been instances where speeders damaged property or hit/almost hit members or their children, so it’ a serious safety issue. If fact, owners in Seven Lakes have had many “close calls“ with possible serious injuries with drivers speeding excessively on our private roads. Many complaints at board meetings, and constant postings on Facebook and the entire community are demanding the board do something.But our HOA “hands may be tied“ with any type of enforcement action.
Perhaps people are speeding more, or it may simply be that residents have gotten fed up with the problem. Whatever the case, the options in North Carolina can at times be limited.
In some states, statutes clearly provide what an association can (or cannot) do on its own or even public roads in the association. Without such clear statutes, in North Carolina the issue often comes down to the status of the roads, the governing documents, and specific circumstances.HOAs can hire private security staff or use
surveillance systems to monitor traffic. But the HOA can only create traffic rules and fines that apply to their own residents. The HOA cannot ticket or impose fines on any driver who does not live in the community.
One possibility is to possibly hire licensed Company Police part time to issue speeding citations before somebody gets seriously injured in our community.This may be implemented with a small increase in dues.
It may be an option that the board may want to discuss with an attorney to explore possible options.
North Carolina founded its company police program in the late 1900s to give textile mills and employee villages (housing and company store, offices, etc.) internal police protection and the powers of Company Police‘s authority is within their jurisdiction unless in continuous and immediate pursuit.
Currently gated communities that have proprietary or contracted special police have jurisdiction, in which the employer has ownership or control property, to make arrests for both felonies and misdemeanors and to charge for infractions.
Company police agencies and Special Police officers can be found throughout North Carolina. At present, there are over 60 special police/company police agencies serving our state.
