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by Julie Hart on June 17th, 2004

Julie Hart

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I moved to a townhome community and the by-laws do not state that children can't play outside, but they fine us if our children do. Is this legal?

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Answers. 1 helpful answer below.

  • by Andy Is Wicked Married to Penal Colony on June 18th, 2004

    Andy Is Wicked Married to Penal Colony

    Hmmm, this is an interesting dilema. If you are being fined/cited specifically for your children playing outside and there is no such mention of this in the by-laws or it is not a local ordinance then it certainly is questionable that you have been fined. I mention the local ordinances because if they state that children playing outside is subject to a fine, then it is applicable whether it is in the by-laws or not. Typically, these by-laws say that any activity prohibited by law is subject to action on the association's part.

    It is also important to examine what the fine is being imposed for. For example, if your children constantly play in the street or other common areas and are a nuisance or hinderance to others in the community that might be the actual reson for the fine. It might be okay for your children to play outside, without fear of a fine, as long as they stay in your yard and do not bother others. This is just an EXAMPLE for how a by-law might have been interpreted in this case. . .I am not assuming that your children are a nuisance. :)

    As a first step, you might send a letter (certified if you wish) to the Townhome Association (TA) and ask for them to state exactly where in the by-laws it says you can be fined for whatever itis they fined you for. State in the letter that you were unable to locate such an entry. Ask for them to provide you a copy of the page with the by-law. If they can't provide that information then ask that they rescind the fine (IN WRITING).

    If what they provide is sketchy and a stretch, but they insist on imposing a fine, you might want to consult an attorney.

    Check with others in your neiighborhood who have children and ask if they have been fined or reprimanded for the same thing. If they have, perhaps a group effort to get the TA to lighten up might help.

    I do hope this is helpful, what an odd thing to fine for. :)

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