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Following condo association bylaws regarding common area usage

stephen polinsky on Sat, Jul 2, 2011 @ 08:30 AM


We have been at our condo one year now. Last year our first year here we had a problem with children playing ball and riding bikes in the courtyard. Basically using this common area as their personal yard. We wrote more then one letter complaining about the bylaws being broken. We were told to deal with the families directly. That the boards job is not to police the condo. Is it not the boards job to enforce the bylaws? Skip to our second summer here. The ball players are out in full force again this year. The courtyard is full of children, they have used our fountain to fill water bottles and throw at each other, and have now started to ring the door bell and run off. So we have added on pranking this year. We really are not sure of our rights here. The bylaws state "Page 9, Article VI, Section 11 – Restriction on Use of Units. In order to provide for congenial occupancy of the property and for the protection of the values of the units, the use and the property shall be restricted to and shall be in accordance with the following provisions: “No nuisances, excessive noise, obnoxious objectionable conduct shall be allowed by a unit owner or owner guest, nor shall any use or practice be allowed which interferes with the peaceful possession or proper use by its residents. Page 17, Condominium Policies, Policies are binding on all unit owners - “#5 Common Elements: No common element may be used for playing, sports games, lounging, wheel toys, vehicles, benches, or lounge chairs. - Each unit owner must comply with any plan approved for the common and limited common elements. “ If anyone could help us in this matter it would be greatly appreciated. Are the bylaws enforceable? If so by who? Am I completely wrong I thought when we bought here that we had to follow the bylaws and other unit owners as well. We have gone to the board more then once and they will not do anything. We are not the only unit who thinks the kids are very annoying. There is a pool for the kids so it is not like they have nothing. The courtyard which is a common area is not supposed to be used as a yard. It is so noisy and upsetting we are in are mid thirties and just cannot take it. Bylaws are supposed to be followed?

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