Following condo association bylaws regarding common area usage
Question:
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?
Best Comment -
Look these Associations are breaking the Civil Rights Laws and the Fair Housing Act of 88. These CC&R;'s and the HOA By-laws may NOT discriminate against children. Some of you people sound like CHILD HATERS. If you don't want to abide by the REAL laws there are plenty of Countries you can move to that don't even allow woman any rights. Or if your 55+, there are special communities protected by the government just for you. There has to be a safety or health concern in order to keep children from playing outside in these Associations. If you don't like children move somewhere else. You have the right to do that. That is why Associations CANNOT enforce a NO PLAY law. IT IS AGAINST THEIR CIVIL RIGHTS. If the Association enforces their by-law they are opening themselves up for discrimination and a law suit with the State and Federal government and an investigation and fines and punitive damages against them. Family is a protected class under the civil laws. So if you don't like living there find somewhere else to live. You CANNOT infringe upon others CIVIL RIGHTS and neither can an ASSOCIATION ! That CC&R; and By-Laws have clauses in them which state that if anything written is against any Federal, State or local law is considered VOID. So don't count on what you signed, because if it is against ANY law it is null and void. If you had a problem with children in the first place you should have gone to an Attorney with your paperwork first before you signed them to insure your rights. The attorney would have told you that these restrictions are against family and their civil rights and are unenforceable. Then you could have made your decision on purchasing based on sound legal advice. If your over 55+ and don't like children you should NOT have bought a Condo there you should have checked out the 55+ communities. NO person has the rights to decline a family from the enjoyment of the outdoors. If you still feel YOUR being discriminated against I suggest you try and file a complaint with your State. When they here why your trying to file, they will tell you straight out you have NO CASE. But it is your rights to try and file a case or you can pay an Attorney and sue the Association, either way your going to loose. If there are problem children you need to bring it up at the next meeting about restrictions of play....but your not going to get anywhere because you would be again going against the civil rights laws. You can call the police if your being harassed, that is your right to file a complaint with them. You can talk to the parents also. I find that the cowards that cannot go directly to their own neighbor about a complaint are just that a coward. Stop using your Board as a complaint department and talk to the parents of these kids. Your story and actions sound worse than the kids your complaining about. This is my opinion and I am not a lawyer. I am however a Mother of 4. So anyone complaining about this CLAUSE in there CC&R; or By-laws need to look deeper and find that no matter what, the Association cannot infringe on the Civil Rights of others. People saying parents are infringing on single people's rights is ridiculous and simply NOT the LAW. What laws are any of you stating this applies? I'd really like to know. There isn't one. So quit acting like there is, with your ridiculous comments. It simply makes you all look like selfish children haters.
Answers (26)
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