Limit on children playing(CO)

Can anyone help or tell me about the HOA limiting the places that children can play??? We have plenty of courtyards and fully grown shade trees for the kids to play around. The board sent out a letter stating that kids could not play in these areas that are located behind,side, or front of our buildings. They want kids to walk across the main street for the complex and play in their designated play area. No trees, no grass, and a block away from my condo. Is that fair and enforceable??? That was the whole reason for me and other parents in purchasing our homes.

Susan is correct and also hard to understand why this hasn't been changed in the past as she recommends.

Dylan,
Sorry, you are off base. That was not the reason you bought there in the first place, you admittedly knew where the playground areas were when you bought there and I am guessing so did your neighbors. But, Lord, worse things have happened and if you and your friends are of such a mind, you all would not be the first to make some changes along these lines to improve or enlarge or build new play areas for the pleasure and safety of more children. Hope you take hold and get the job done.

If you haven't noticed yet, you are and so are your neighbors and neighbors neighbors, the HOA.

JeanneK,
Don't doubt your word for a minute Jeanne. But, unless we know the rest of the story we would be prudent to not suggest the poster get his friends together and take the case to court, better ways to skin the cat.

DylannB,
More better for you. If this is a new facility then someone created it and someone is trying to find a suitable use for it. Sort of sounds like your association might just be doing a good job and would welcome help and constructive dialog. Give it a whirl, tell them I sent you. On second thought, better forget the last part.

What is the general age of the "kids" that play in the courtyard?

Donna,
Am I being repetitive to mention that the Board also need volunteers to help form consensus and input into not just play areas but all matters that touch on the lives of the children and youngsters. Sure better to have them happy at home than unhappy away from home.

At my age, I recommend we pen them all up in a big cage until they are ready to join the Marines around 18. Donna made me say that.

Roger,
Have we truly come to: "Age discrimination in the sand box?"

JeanneK,
Interesting article in our local paper today. (SC) The article dealt with the installation of solor panels on houses or buildings in the county. Our area is like a lot of areas today, in that there are more people living in restricted commuities that "Open" homes in our county. The county planner was quoted as stating the covenants in restricted communities would not allow a blanket ordinance that roof top solar panels have to be allowed. He said these covenants hold sway over any general law by state or county. Now having had some clashes with the attorney general about the state horizontal property act (State Statute for Management of Condos) and at one point his office declared it to be their position the AG office is to be Hands Off as far as enforcement of documents are concerned unless it was a criminal act. To me this doesn't address the whole issue and especially if the Fed come in (and they will) and allow the practice of using Solar panels or any other "Green" innovatation. Now if this happens and it will is the states going to have to come up with an enforcement arm for control and management of "Green Solutions". Now in SC in this instance State Law does not hold trump over Associations covenants. At least that is what the paper says.

Gosh Robert,

Total new concept. Then I remembered, aren't you a career Navy guy? Me thinks that we need you down there to run the P.T. department and give the kids something to keep them off of the common areas.

Seriously folks, I think that there is something else going on. There are people other than the families living in these courtyards which are in front, along side and behind the buildings. Perhaps there are some residents who do not enjoy the kids being there. These folks have rights too. Maybe the playing is ruining the grass or damaging something.

Jeannie,
Yes, this is private property and FHA can have some say BUT. THIS IS COMMON PROPERTY. THE BOARD HAS THE OBLIGATION TO MAINTAIN AND CONTROL IT"S APPEARANCE and they have the right to say that the kids are not allowed to play there. They are trying to create a place for them. Maybe it isn't nearly as easy to access it as the areas around the buildings but they do have the rights to control the area.

I'll bet someplace in your documents it says what the use of these areas is supposed to be.

good advice donna: don't focus on the age of the people involved, focus on eliminating the unwanted activity. If you don't want people walking on the grass, say so. Don't say that people aged 16 or less somehow damage it more than those aged 17 or older, etc..

By the way, we should all remember, it is perfectly legal to discriminate against children in many, many situations. you just have to choose the right situations!

Robert,

There is already age discrimination. I hear that five year olds are not allowed to drive. Seriously, I agree with you..it is time for mom to discuss this with the board and work out something that everyone can live with. It sounds like the family area might be improved if there is enough space, put in some kid things.