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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15597
Experience:  L.LB (UOVS)
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Hi there, We stay in a complex and have put up speeding signs

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Hi there,
We stay in a complex and have put up speeding signs which say 20. We have this speed limit in our rules and regulations and recently issued a newsletter stating that we will fine anyone speeding in the complex. We also have pet friendly signs up in the complex. A women this evening sped past me and ignored my shouts to slow down. I ran after her and by the time I caught up with her she was out of her vehicle and already walking to her door with her kids. I asked her if she was aware of the speed limit and she said she was, and I then told her she was going way over 20. She said she wasn't as she had kids in the car and wouldn't speed with them in it. I asked her if this was the case why was I running after her and couldn't catch up with her? She proceeded to shout at me. My sister was in the driveway with me and her husband who say she was definitely over 20. I mailed the Body corp and they say they cant impose a fine as the roads are the municipalities and we would not be able to prove she was speeding, so then what is the point of it being in the rules and regulations. My questions are these: 1) Are the Body corp right in not being able to impose the fine and 2) are we allowed to request permission to have speed bumps placed in our section of the road in the complex (we will pay for it ourselves) ie would this be legally allowed in terms of the road laws .
Thank you :)
Good day and thank you for your question. My name is XXXXX XXXXX I will try and assist you today.

In order to provide you with the most accurate answer, I may have to ask you a lot of questions. This may seem tedious and irrelevant, but trust me, there is a reason for every question. So please be patient throughout the process and if it takes a little long for me to come back to you, it is probably because I am researching your answer. I hope that is okay.

Is the roads Municipal roads or is to roads on the common property? Is this a Home Owners Association or Sectional Title?
Customer: replied 3 years ago.

Good morning John.


 


Im being told its municipal roads with the complex and we are a homeowners association.


I understand the need for questions as clarity is important.


Thank you

If this is a Home Owners Association, then it is more than likely that the roads are Municipal Roads.

If this is Municipal Roads, the speed limits are as it is set in the National Road Traffic Act and regulations, which is 60 in a built up area. This means that the rule that you made that you can only drive 20 within the complex would be, what is termed, ultra vires, since only the competent road authorities or their properly delegated agents can set the speed limit on the road. The Body Corporate then acted without their powers and the rule is, basically, null and void.

You can petition your Municipality to erect speed bumps, or allow you to erect speed bumps. Find your ward counselor and start speaking to him/her to see what can be done to get the speed bumps on your street.

I hope I have answered all of your questions and addressed all your concerns, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.
Customer: replied 3 years ago.

Thank you very much for your answer, I do appreciate your assistance.


Have a great day John :)

It is my pleasure.
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