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HOA driveways get used for kid's playgrounds at owners annoyance

Posted on Thu, Jun 23, 2011 @ 07:35 AM
  
  
  
  
  
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We live in a 5 unit Townhome property with two units in the front, and three in the back. A common driveway to all the garages separate the front and back buildings. Recently a number of families have started to use the driveway as a play area for their young children. They set up safety cones to warn incoming divers that their kids are at play. They supervise them. So far, no problems. There are two concerns. First is safety. It now becomes incumbent on the incoming drivers to avoid the kids. Drivers must wait until the aria is clear before opening their garage doors and proceeding. Second, with cement and stucco on all sides creating a echo chamber, the otherwise normal sound of kids playing is magnified. Closing windows does not help. I work out of my home sometimes find it unprofessional to be on the phone with clients. Do owners have the right to use a common driveway as a playground for their kids?

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Comments

Our Association in WA Sate has the following wording in its Rules and Regulations, "Unit owners, members of their families, their guests, residents, tenants, or lessees shall not use sidewalks, driveways, entrances, or passageways as play areas". Good luck!
Posted @ Thursday, June 23, 2011 7:52 AM by Lynn
Sounds frustrating, and really, pretty dangerous. If the driveway is a common area there is probably not much you can do about it, although they do not have the right to block your access. It's just like barking dogs, or poop in the grass...it's the price you pay for communal living. Maybe a 'neighborly' talk about it, limiting the time they are there to certain times of the day when you are not working. Good luck with that. People who think it's okay to block off an area for their children are pretty serious about the 'it takes a village' thing.
Posted @ Thursday, June 23, 2011 7:54 AM by Linda
I totally agree with the previous 2 answers.  
 
Check your bylaws and talk to your neighbors. Are the neighbors owners or renters? How long have they lived in the community. How long have you lived in the community?  
 
If you approach them to talk about your work situation, speak n a smiling non-threatening or confrontational way.  
Tell them you understand kids need to play. Ask them "Are there any parks close by?" You could remind your neighbors that there creating an unsafe situation and that going to a park would be better for everyone involved.  
 
What ever words you use just be nice, friendly and courteous. If there nice understanding people I'm sure you can work something out. if there not then speaking to them about their children may cause them to have an attitude. 
 
Good luck! 
 
 
 
 
Posted @ Thursday, June 23, 2011 8:17 AM by Victor
You did not say what state you are in. In AZ there is state law that is worded as follows: 
 
 
 
"Notwithstanding any porovision in the community documents, an assn shall not prohibit chidren who reside in the assn from engaging in recreational activity on residential roadways that are under the jurisdiction of the assn and on which the posted speed limit is 25 MPH or less."
Posted @ Thursday, June 23, 2011 9:11 AM by mary
Wow, glad I don't live in AZ! That is SOME state law. 
 
 
 
If your bylaws don't cover it, even by noise restrictions, you're probably going to have a tough time. Especially if 3 or more of the 5 owners have kids playing in the driveway. Good luck!
Posted @ Thursday, June 23, 2011 9:58 AM by Jim
I built these townhomes in 1983 and have lived here through countless changes in ownership of the other 4 units. This problem has been building such that I come home last week to *additional* families having been invited to join in. We had 4 moms watching about 10 kids. Really? My new neighbors can turn our central driveway into a neighborhood playground with *no* limits as long as they supervise?  
 
Thanks to all who responded. Naturally I will talk to them. Now at least I know I'm negotiating from a position of weakness, asking them to give up some of their rights. We may need to move if there is no remedy.  
Posted @ Thursday, June 23, 2011 1:21 PM by Randy
I would worry about liability--as it is a "drive way" and someone could get injured. If the play is condoned, it would seem like there was a duty to prevent injuries. i read of a california court case, where because biking on the sidewalk was tolerated the owner of a building had to pay when a child slid into the street (as there was no fence to stop it.)
Posted @ Saturday, July 23, 2011 1:37 AM by Jeannie Call
Encourage your Arizona Condo Board to create a resolution changing the speed limit to 33 MPH! Simple, and solves he problem. If they won't create a RESOLUTION to counteract the STATE LAW, vote your Board out of office, create the Resolution yourself, and then vote out your legislators passing such an assinine law. Boot their butts OUT! WE live in the freaking USA and it's time to take back our country from "whipped, crooked politicians", and return common sense to our laws....not lobbys!
Posted @ Sunday, July 31, 2011 7:17 PM by L. K.
We have a board member (president) that secretly went to work for our management Company. And we have another board member that lives in another state; he’s only here about half the time. How do we get rid of them, and is this a conflict of interest?
Posted @ Friday, February 10, 2012 3:36 PM by Jimmy Clayton
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