Community associations often want stop signs, speed limit signs, and crosswalk warnings to improve safety on their streets. The main risk is assuming “private road” means “no rules.” If a community roadway functions like it is open to public travel or has public roads, traffic signs may be treated as regulated traffic control devices, and nonstandard or poorly placed signs can create confusion, complicate enforcement, and increase liability exposure after an incident.
1. Start With Your Governing Documents
Before purchasing or installing any sign, confirm the board has authority under the declaration, bylaws, and rules to regulate traffic and place signage. Adopt a clear rule or board resolution (rather than reacting complaint-by-complaint) and enforce it consistently.
2. Why “Open to Public Travel” Can Change the Analysis
Many states regulate “traffic control devices” broadly, including signs that communicate regulatory, warning, or guidance messages. Where a private roadway is treated as open to public travel, sign design, wording, size, reflectivity, and placement may be expected to match the uniform standards used in that state.
3. Practical Checklist for Associations
- Classify the roadway: Is access controlled, or do non-residents regularly use the streets (delivery traffic, visitors, cut-through traffic, connections to public routes)?
- Use standard sign designs: Avoid homemade, novelty, or “creative” versions of stop, yield, and speed limit signs.
- Plan placement and visibility: Confirm sightlines, intersection approach distances, nighttime visibility, and whether landscaping could block the sign.
- Document the decision: Keep minutes, the adopted rule/resolution, vendor specifications, and a simple site map showing sign locations.
- Assign maintenance: Set an inspection schedule and responsibility for replacement after damage, fading, or vandalism.
- Check permission issues: If a sign could be viewed as part of a broader transportation system, confirm whether government permission is required before installation.
4. Bottom Line
Thoughtful signage can improve safety, but associations should treat sign selection and placement as a compliance and risk-management project—not a hardware-store purchase. A short, state-specific and community-specific legal review before installation is often far less expensive than replacing signage after complaints or an incident.
Kaman & Cusimano clients can contact our office to discuss whether traffic signs are necessary for your community. If your association is not currently a Kaman and Cusimano client and is interested in learning more about our services and how we can help, please click the following link: Request for Proposal and type “Traffic Signs” in the subject field.