Speed bumps in HOAs may be a logical solution to address speeding in residential neighborhoods, which can be dangerous. But is this option legal for HOAs to pursue? And even if it is, is it truly the best way to calm traffic?
Understanding the Problem: Speeding in HOA Neighborhoods
HOA communities, particularly those with families and pedestrians, often experience concerns over speeding. Complaints from homeowners about fast-moving cars are among the most common issues reported to management companies and HOA boards.
While warning signs and community newsletters can help raise awareness, they don’t always result in actual change. That’s why many boards start to consider physical deterrents like speed bumps in HOAs. These traffic calming devices force drivers to slow down, whether they want to or not.
Are Speed Bumps Legal in California?
Can an HOA install speed bumps in California? Installing speed bumps isn’t as simple as placing asphalt across a roadway. There are specific rules and standards, particularly for public roads, that HOAs and municipalities must follow. Even on private roads, best practices guided by state-level standards still apply.
California Manual on Uniform Traffic Control Devices (CA MUTCD)
The CA MUTCD, maintained by the California Department of Transportation (Caltrans), governs the use of traffic control devices across the state. It provides detailed criteria for the placement, design, and signage of speed control measures, including speed bumps and speed humps.
Key Guidelines from CA MUTCD:
- Speed bumps are not recommended for use on public streets, especially collector or arterial roads.
- They may be used in low-speed, low-traffic environments such as private roads or parking lots.
- The manual recommends speed humps instead of traditional bumps for residential areas because humps allow better emergency access and smoother traffic flow.
- When traffic calming devices are used, appropriate warning signage must be installed (e.g., “BUMP” or “HUMP” signs with advisory speed plaques).
- Devices must be painted or marked for visibility, typically with white or yellow reflective paint and chevrons.
Although CA MUTCD primarily governs public roadways, it serves as a best-practices standard that even private communities should follow to avoid liability and ensure safety.
Davis-Stirling Act Considerations for Speed Bumps in HOAs
The Davis-Stirling Common Interest Development Act, which governs most HOAs in California, doesn’t specifically address speed bumps. However, it requires boards to act in good faith, in the best interest of the community, and with reasonable care.
This means:
- Boards must follow proper procedures, including board votes and notifications to potential homeowners.
- Modifications to common areas (including roads) may require homeowner approval if stipulated in the HOA’s governing documents.
- Boards must document decisions and demonstrate that they evaluated safety, costs, and legal compliance.
Public vs. Private Road Jurisdiction
The legality of installing speed bumps in HOAs hinges largely on road ownership:
- Public Roads: These are owned and maintained by a city or county. HOAs cannot install speed bumps on these roads. Instead, they must petition the local agency, usually the Public Works Department or Traffic Engineering Division, to conduct a traffic study. Approval is rare, especially for speed bumps; however, other measures, such as speed humps or signage, may be considered.
- Private Roads: If the HOA owns and maintains the roads, it typically has the authority to install traffic calming devices. Still, they should follow standards like those in the CA MUTCD and consult professionals to avoid negligence claims.
California Fire Code Compliance
California’s Fire Code (and local interpretations of it) prohibit traffic-calming devices that impede emergency vehicle access. Fire departments often require a minimum vertical clearance and response-time adherence.
Speed bumps may delay the arrival of fire trucks, ambulances, or police vehicles. As a result, fire departments often oppose their use, especially taller or abrupt bumps. Some jurisdictions require HOAs to:
- Get fire marshal approval before installing any device.
- Use fire department-approved designs (e.g., speed cushions, which are divided to allow wide emergency vehicle axles to pass through).
- Demonstrate that emergency response times will not be significantly impacted.
Liability and Case Law
California courts have not extensively litigated HOA speed bump liability, but general premises liability law applies. HOAs are considered responsible for maintaining safe common areas. Improper installation of a speed bump can lead to liability under California Civil Code § 1714, which deals with property owner negligence.
For instance, an improperly designed or unmarked bump that damages a car or causes a bicycle accident could expose the HOA to lawsuits.
Local Ordinances and Permits on Speed Bumps in HOAs
In addition to statewide standards, cities and counties in California often have their own public works codes and ordinances that regulate traffic calming. Common local requirements include:
- A minimum number of homeowner signatures or petition support is required to initiate traffic studies.
- Required speed or volume thresholds (e.g., average speed above 25 mph) to justify physical calming measures.
- Noise or emergency access impact assessments.
Speed Bumps vs. Speed Humps: What’s the Difference?
While many people use these terms interchangeably, speed bumps and speed humps serve slightly different purposes and are designed differently.
| Feature | Speed Bumps | Speed Humps |
| Height | 3 to 6 inches | 3 to 4 inches |
| Width | 1 to 3 feet | 10 to 14 feet |
| Speed Reduction | Abrupt, 2–10 mph | Gradual, 10–20 mph |
| Application | Parking lots, alleys | Residential streets |
| Emergency Vehicle Impact | High disruption | Minimal disruption |
Speed humps are generally preferred for residential streets because they provide smoother transitions and don’t obstruct emergency response times as severely as traditional speed bumps.
Pros and Cons of Installing Speed Bumps in HOAs
Many HOA boards find real value in these traffic calming measures. However, they also come with numerous issues and challenges. Here are the benefits and drawbacks of installing speed bumps in your HOA community.
Pros
1. Enhanced Safety
The primary reason for installing speed bumps in HOAs is increased safety. By forcing drivers to slow down, these devices help protect children, pedestrians, and pets. Accidents are less likely to occur, and drivers become more aware of their surroundings.
2. Reduced Cut-Through Traffic
Speed bumps can deter non-residents from using HOA streets as shortcuts. When alternate routes are faster and more convenient, through-traffic tends to avoid the neighborhood.
3. Lower Noise and Pollution
Slower speeds often mean reduced engine noise and emissions. This is especially beneficial for densely populated communities where road noise can become a nuisance.
4. Liability Mitigation
When homeowners repeatedly complain about traffic dangers and the board fails to act, the HOA may be exposed to legal risk. Demonstrating proactive safety efforts, such as the installation of traffic calming devices, can show that the board is fulfilling its duty of care.
Cons
1. Legal and Financial Liability
Installing speed bumps without proper procedures, permits, or compliance can expose the HOA to legal claims. If a car is damaged or someone is injured due to poor design or lack of visibility, the HOA could be held responsible.
2. Emergency Access Concerns
Fire departments and EMS providers often object to speed bumps that obstruct response time. HOAs should always coordinate with emergency services to ensure compliance and accessibility.
3. Homeowner Pushback
Not every resident welcomes speed bumps. Complaints may include increased noise, vehicle damage, discomfort, or reduced property values. A divided community can lead to tension or even legal disputes.
4. Ongoing Maintenance Costs
Speed bumps need to be maintained. Paint fades, asphalt wears down, and damage occurs over time. Budgeting for routine upkeep is essential to avoid creating new hazards.
Alternatives to Consider for Speed Bumps in HOAs
If speed bumps prove controversial or unsuitable, HOAs can explore other traffic calming devices instead:
- Speed Tables: These are longer and flatter than speed humps and can double as crosswalks.
- Chicanes: Landscaping or curb extensions that create a winding road pattern to slow drivers.
- Radar Speed Signs: Electronic signs that display current driver speed in real-time.
- Mini Roundabouts: Promote continuous movement while slowing speed.
- Lane Narrowing or Striping: Visually narrows roads to make drivers feel the need to slow down.
These alternatives can be effective and less intrusive depending on the community’s layout and traffic volume.
Best Practices for Installing Speed Bumps in HOAs
To successfully implement speed bumps or any other calming measure, HOA boards should follow a transparent and structured process:
1. Conduct a Traffic and Safety Study
Bring in a licensed traffic engineer to assess problem areas, measure speed and volume, and make recommendations. This protects the board from liability and provides a data-driven foundation.
2. Gather Community Feedback
Hold meetings, conduct surveys, and maintain open communication. The more informed and involved residents are, the less likely the board is to face resistance or backlash.
3. Consult Legal Counsel
Before final decisions, consult an attorney familiar with HOA law and local regulations. They can help interpret your governing documents and assess potential liability.
4. Coordinate with Emergency Services
Reach out to local police, fire departments, and EMS to ensure compliance and avoid hindering life-saving services.
5. Implement with Professionals
Never DIY a speed bump. Use licensed contractors, follow engineering specifications, and ensure proper signage and road markings are installed.
6. Review and Maintain
Monitor how effective the speed bumps are over time. Regularly repaint, repair, and review feedback to ensure ongoing safety and compliance.
Slowing Down, The Smart Way
Speed bumps in HOAs can be a valuable traffic control solution, but only when installed legally, safely, and with community buy-in. With careful planning and proper execution, your HOA can create a safer and more peaceful neighborhood that residents are proud to call home.
Need assistance in handling your day-to-day HOA operations? Personalized Property Management offers HOA and property management services around Southern California. Call us at 760-325-9500 or email us at info@ppminternet.com for more information!
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