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by ParkstoneRes on May 9th, 2006

ParkstoneRes

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Our HOA president decided that a common area children play in is a liability, and he will enforce by calling the police and having children's bikes confiscated. Does he have the authority to do this?

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Answers. 7 helpful answers below.

  • by Redhawk on October 3rd, 2009

    Redhawk

    Old post...simple solution...READ YOUR AGREEMENT! If it's not there, when you bought the place...then y'all can vote it and HIM out....WHAT A HATEFUL TWIT HE IS!

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  • by pinkski on November 5th, 2009

    pinkski

    Nope, he does not. The board can make an agenda item for the enforce of a new bylaw, but then even the home owners must vote on this. Go to the board meetings, ask for the agenda item to be this. You are aloud to speak on any agenda item. Get a community meeting, let everyone get involved to commit to solving this problem together. Clearly this is absurbed. Children should be able to play, the police are our community support, maybe have a policeperson come and talk to the children and the board about safety, make it a community thing. Resolve and come together, neighborly, please....for the kids.

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  • by Factotum on October 3rd, 2009

    Factotum

    Look over your agreement as was mentioned.
    .
    Call the police and ask THEM whether they can legally confiscate bikes if asked to. It's quite possible that they wouldn't touch it as is isn't legal for them to do so OR they won't touch it because it's really not something they want anything to do with.
    .
    There are cops who have a fascist streak. There are cops who work for mayors with a fascist streak. There AREN'T a lot of cops who take phone calls from random fascists and happily do their bidding.
    .
    Most people who run HOAs have no qualifications to do so, no staff to give them information and no real stake in doing what is best: they make shit up as they go along.
    .
    Here's hoping that your next Supreme Dictator isn't so much of a dic...tator.

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  • by BobbyL on October 2nd, 2009

    BobbyL

    The enforcement against children playing in common areas is a violation of The Fair Housing Act. Any condo association rule that targets children (in this case playing and riding bikes; normal activity for children) is a violation. Similiar lawsuit pending

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  • by RedJohn on May 13th, 2006

    RedJohn

    That seems to be stretching things a bit. Liability insurance is required for common areas, since these are potentially open to any individual, including those who are guests of residents and do not live in the community.

    If this is being done to avoid paying liability insurance, it is a very foolish way to circumvent a legal obligation. Failure to carry liability insurance on common land is very risky for the organization: one accident and they could be bankrupted. This may be an attempt to change the status of an area from a playground to another use, to lower the cost of liability insurance. This may be a valid desire on the part of some residents, but it seems a clumsy way to go about it. Any area can be used as a play area, whether it is designated such or not, and should be adequately insured against all contingencies. Younger children do not recognize what is or is not an insured play area.

    Regardless of the reason, it is unlikely that the police would remove children's bicycles, as this would lie outside their jurisdication in most circumstances. The police would be allowed to remove them if they were abandoned on the property, if they were blocking a registered fire lane, or if they were parked by trespassers. However, police cannot simply come onto private property and remove someone's property. In a hypothetical case, I could not call the police to have them remove my son's bicycle from the back yard, where he was told no to leave it. Enforcement is the responsibility of the property owner, not the law.

    He could call the police, but I doubt the police would respond. If they did, I doubt they would remove the bicycles. Given the relatively low cost of liability insurance, compared with other expenses incurred by such communities (e.g., water, snow removal, grounds maintenance, bulding maintenance, paving, sewers), it seems a foolish thing to do.

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  • by Anonymous on March 23rd, 2008

    Anonymous

    I think the HOA is letting his position get to his head.
    It is the same here in my community. They actually put
    it in our bylaws, The children can not walk run ride bicycles
    scooters, rollerblades, skates, skateboards, play or anything
    on the side walks roads parking areas and there is no comon
    area for them to play except for the club house which they
    can not go into wihtout a parent or touch anything. I believe
    that this is against the law, but i do not know. We do not
    live in a 55 and older community so. They Just do not want
    to make provisions for children because if there isn't
    anything for the children to do eventually the parents
    will move out. Who Knows.. All I know is that these
    Condo and Home Owner Board Associations really think
    they can run our lives...

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  • by pollieSG on July 8th, 2011

    pollieSG

    If the HOA has to have more insurance to cover the kids, that means, the HOA fees should go up. I don't have kids and I bought because of the low HOA fees. It seems to me, if you want your kids to be able to play in common areas, you should cover the increased cost of insurance. Better yet, pay those extra dollars to rent a place that has amenities for the kids that you CHOSE to bring in to this world.

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